GIFT  OF 


MOV   5 


Primary  and  General 

ELECTION  LAWS 


OF  THE 


State  of  Oklahoma 


Authorized  by  the 
STATE  ELECTION  BOARD 


BEN  W.  RILEY,  Chairman 

E.  $.  HAINES 

JOE  S.  MORRIS,  Secretary* 


PRINTERS  PUB.  CO.ffgBigapjfeaOKLAHOMA   CITY 


Grandfather  Clause 


Section  4a.  No  person  shall  be  registered  as  an 
elector  of  this  State,  or  be  allowed  to  vote  in  any  elec- 
tion held  herein,  unless  he  be  able  to  read  and  write  any 
section  of  the  Constitution  of  the  State  of  Oklahoma;  but 
no  person  who  was,  on  January  1st,  1866,  or  at  any  time 
prior  thereto,  entitled  to  vote  under  any  form  of  gov- 
ernment, or  who  at  that  time  resided  in  some  foreign 
nation,  and  no  lineal  descendant  of  such  person,  shall  be 
denied  the  right  to  register  and  vote  because  of  his  in- 
ability to  so  read  and  write  sections  of  such  Constitution. 

Precinct  election  inspectors  having  in  charge  the 
registration  of  electors  shall  enforce  the  provisions  of 
this  section  at  the  time  of  registration,  provided  regis- 
tration be  required.  Should  registration  be  dispensed 
with,  the  provisions  of  this  section  shall  be  enforced  by 
the  precinct  election  officers  when  electors  apply  for 
.ballots  to  vote.  (Amendment,  initiated  by  the  people 
and  adopted  at  an  election  held  Augusts  2,  1910.  The 
Governor's  Proclamation,  announcing  the  result,  was 
issued  October  6,  1910.) 


— i— 


293011 


House  Joint  Resolution  No.  3 


R 


ATIFYIN'G  a  proposed  amendment  to  the  Constitution  of  the 
United  States  for  the  election  of  United  States  Senators  by 
the  people  of  the  several  states. 


Be  it  Resolved  by  the  Legislature  of  the  State  of  Oklahoma: 

That  the  joint  resolution  which  passed  the  House  of  Represent- 
atives on  April  thirteenth,  1911,  and  passed  the  Senate  on  June 
twelfth,  1911,  proposing  an  amendment  to  the  Constitution  of  the 
United  States  providing  that  Senators  shall  be  elected  by  the  people 
of  the  several  states,  is  hereby  ratified  as  follows: 

That  in  lieu  of  the  first  paragraph  of  "Section  Three,  Article 
One,"  of  the  Constitution  of  the  United  States,  and  in  lieu  of  so 
much  of  "Paragraph  Two"  of  the  same  section  as  relates  to  the 
filling  of  vacancies,  the  following  be  proposed  as  an  amendment  to 
the  Constitution  which  shall  be  valid  to  all  intents  and  purposes  as 
part  of  the  Constitution  when  ratified  by  the  Legislatures  of  three- 
fourths  of  the  States: 

"The  Senate  of  the  United  States  shall  be  composed  of  two 
Senators  from  each  State,  elected  by  the  people  thereof,  for  six 
years;  and  each  Senator  shall  have  one  vote.  .The  electors  in  each 
State  shall  have  qualifications  requisite  for  electors  of  the  most 
numerous  branch  of  the  State  Legislatures." 

When  vacancies  happen  in  the  representation  of  any  State  in 
the  Senate,  the  executive  authority  of  such  shall  issue  writs  of 
election  to  fill  such  vacancies;" 

"Provided,  That  the  Legislature  of  any  State  may  empower  the 
executive  thereof  to  make  temporary  appointments  until  the  people 
fill  the  vacancies  by  election  as  the  Legislature  may  direct." 

"This  amendment  shall  not  be  so  construed  as  to  affect  the 
election  or  term  of  any  Senator  chosen  before  it  becomes  valid  as 
part  of  the  Constitution." 

Passed  the  House  of  Representatives  February  12,  1913. 
Passed  the  Senate  February  24,  1913. 
,Annrovd  March  5,  1913. 


A  Bill 


TO  BE  ENTITLED  AN  ACT  RELATING  TO  PRIMARY  AND 

GENERAL  ELECTIONS,  PRESCRIBING  PENALTIES  FOR 

THE  VIOLATION  OF  THE  PROVISIONS  THEREOF,  AND 

CONSOLIDATING  THE  OFFICES  OF  SECRETARY  OF  THE 
STATE  ELECTION -BOARD,  AND  SECRETARY  OF  THE  STATE 

SENATE,  AND  REPEALING  CERTAIN  SECTIONS  OF  THE 
EXISTING  LAW. 

• 
Be  it  Enacted  by  the  People  of  the  State  of  Oklahoma: 

Section  1.  A  State  Election  Board  is  hereby  created  to  consist 
of  three  qualified  electors,  not  more  than  two  of  whom  shall  belong 
to  the  same  political  party.  The  Secretary  of  the  State  Senate  shall 
be  the  Secretary  of  the  State  Election  Board,  and  shall  at  the  con- 
vening of  each  session  of  the  Legislature,  be  elected  by  a  majority 
of  the  members  elected  to  and  constituting  the  State  Senate,  and 
shall  hold  said  office  until  the  next  regular  session  of  the  Legisla- 
ture, or  until  his  successor  is  elected  and  qualified.  The  Secretary  01 
he  Senate  shall  take  -and  subscribe  the  constitutional  oath  of  office 
and  shall  give  bond  to  the  State  in  the  sum  of  Five  Thousand  Dollars 
for  the  faithful  discharge  of  the  duties  of  such  office.  In  case  of  a 
vacancy  in  the  office  of  Secretary  of  the  State  Election  Board  during 
such  time  as  the  Senate  may  not  be  in  session  the  President  Pro 
Tempore,  of  the  State  Senate,  shall  appoint  his  successor,  who  shall 
serve  until  his  successor  shall  be  elected  as  provided  herein,  at  the 
next  regular  or  special  session  of  the  Legislature  or  State  Senate. 
The  Board  shall  choose  its  own  Chairman,  -and  said  Board  shall  exer- 
cise such  powers,  perform  such  duties  and  receive  such  compensa- 
tion as  is  provided  in  this  act. 

Section  2.  The  members  of  the  County  Election  Board  that  have 
heretofore  been  appointed  shall  hold  office  until  July  1,  1913,  when 
their  term  of  office  shall  expire,  and  the  State  Elecetion  Board  cre- 
ated by  this  -act  shall  proceed  immediately  to  appoint  county  election 
boards  in  th©  various  counties  of  this  State. 

Section  3.  The  Secretary  of  the  Senate  shall  be  Chief  Clerk  of 
the  Senate  during  the  regular  and  extraordinary  sessions  of  the 
Legislature,  and  at  extraordinary  sessions  of  the  Senate,  -and  shall 
perform  such  duties  therein  as  may  be  required  by  the  Senate,  in- 


eluding  the.  publication  .of  r  the  jpefittanent  Senate  journal,  and  the 
Session  Ljt^s*, » •* :  J*  * » 1  *  '  1  *. .  „ :  •.*  •• .  - .  >' 

Section  4.  The  State  Central  Committee  of  the  two  political 
parties  casting  the  highest  number  of  votes  at  the  last  general 
election  for  state  officers  shall  have  the  privilege  of  selecting  and 
presenting  to  the  Governor,  during  the  first  thirty  days  after  the 
passage  of  this  Act,  the  name  of  as  many  as  five  electors,  from 
which  said  committee  may  request  the  Governor  to  name  one  which 
shall  be  the  representation  to  be  accorded  to  its  part  upon  said 
election  board,  and  every  two  years  thereafter  such  State  Central 
Committee  shall  have  the  privilege  of  selecting  and  presenting  to 
the  Governor  such  list  of  five  electors  for  the  purpose  aforesaid; 
provided,  such  lists  be  presented  to  the  Governor  not  later  than  ten 
days  after  the  second  Monday  of  January,  1915,  and  each  two  years 
thereafter.  When  the  State  Central  Committee  of  a  political  party 
so  submits  a  list  of  electors,  the  Governor  may  select  one  which 
shall  be  the  representation  allowed  sucn  political  party,  from  such 
list.  Such  appointment  shall  be  made  one  each  from  the  two  dom- 
inant political  parties  by  and  with  the  advice  and  consent  of  the 
Senate.  If  any  poilitcal  party  fails  or  refuse,  to  submit  a  list  of 
nominees  as  herein  provided,  the  Governor,  may,  notwithstanding 
such  failure  or  refusal,  appoint  a  representative  of  such  party  to 
membership  upon  the  State  Election  Board.  The  State  Election 
Board  shall  always  consist  of  three  members. 

Section  5.  The  members  of  the  State  Election  Board  except 
the  Secretary  shall  receive  as  compensation  for  their  services,  the 
sum  of  six  dollars  per  day  each  and  actual  hotel  and  traveling  ex- 
penses; provided,  that  the  per  diem  herein  provided  for  shall  only 
be  allowed  for  days  actually  engaged  in  the  duties  of  the  office, 
and  in  going  to  and  from  the  place  of  meeting;  and  provided,  fur- 
ther, that  in  no  case  shall  a  member  of  the  board,  except  the  secre- 
tary, be  allowed  compensation  for  more  than  fifty  days  each  year, 
or  one  hundred  days  during  the  term.  The  Secretary  shall  receive 
as  compensation  for  his  services  the  sum  of  Twenty-one  Hundred 
Dollars  per  annum,  to  be  paid  monthly.  He  shall  supervise  the 
making  and  caring  for  the  record  of  the  office  in  addition  to  such 
other  duties  ras  may  be  imposed  upon  him  by  the^  Board.  The  State 
Election  Board  shall  maintain  an  office  at  the  State  Capitol  con- 
tinuously with  the  Secretary  in  charge. 

Section  6.  Section  1,  2,  and  2a,  Ch.  106,  Session  Laws,  1911, 
is  hereby  repealed. 

Section  7.  The  State  Election  Board  shall  have  the  -authority  to 
remove  at  any  time  any  member  of  the  County  Election  Board,  and 
the  County  Election  Board  shall  have  authority  to  remove  at  any 
time  any  member  of  the  Precinct  Election  Board;  said  'authority  to 
be  exercised  at  the  will  of  said  Election  Board  or  said  County 
Election  Board  respectively. 


Section  8.  The  inspector  of  each  precinct  shall  return  and 
deliver  to  the  Secretary  of  the  County  Election  Board  the  ballot 
box  within  forty-eight  hours  after  the  closing  of  the  polls  at  any 
general  election  or  primary  nominating  election. 

Section  9.  Defininition  of  Party — A  political  party  is  an  affilia- 
tion of  electors  representing  any  political  organization  which,  at 
the  next  general  election  preceding,  polled  for  Prescient  or  Gov- 
ernor at  least  five  per  centum  of  the  entire  vote  cast  for  either  of 
said  respective  officers,  or  any  such  political  organization  which  may 
have  polled  at  least  ten  per  centum  of  the  vote  of  as  many  as  three 
other  States  at  the  last  election  held  in  such  States.  Such  political 
parties  shall  nominate  their  candidates  -as  all  other  political  parties 
and  be  governed  by  laws  regulating  the  same.  And  such  political 
party  shall  in  no  way  use  or  conflict  with  the  name  of  other  political 
parties  in  the  State.  When  such  political  parties  fail  to  receive  at 
two  general  elections  following  each  other  ten  per  centum  of  tl^ 
vote  cast  for  the  party  receiving  the  highest  number  of  votes,  it 
ceases  to  be  a  party.  At  the  primary  election  held  in  August.  Nine- 
teen Hundred  Fourteen,  any  party  which  has  a  national  recognition 
as  -a  party  shall  be  recognized  as  a  political  party  in  Oklahoma. 

Section  10.  Persons  Qualified  to  Vote  in  Primary — All  persons 
who  are  qualified  electors  In  this  State  or  who  may  become  such  at 
the  first  election  following  such  primary,  may  vote  in  any  primary 
election;  provided,  that  no  person  shall  assist  in  the  nomination  of 
more  than  one  political  party.  Provided,  every  person  who  is  known 
to  be  a  member  of  any  political  party  seeking  to  make  nominations 
at  said  election  the  election  officers  shall  permit  such  elector  to 
assist  in  the  nomination  of  candidates  for  such  party.  Any  elector 
not  known  to  the  Judges,  or  known  by  them  to  have  previously 
affiliated  with  some  party  other  than  that  in  which  he  now  desires 
to  participate  in  the  selection  of  candidates,  or  who  may  be  chal- 
lenged, as  to  party  affiliations,  shall  be  permitted  to  vote  with 
such  party  only  upon  taking  an  oath  that  he  is  in  good  faith  a 
member  of  the  political  party  whose  candidates  he  now  seeks  to 
assist  in  nominating,  and  with  which  he  may  be  registered,  or  that 
it  is  his  intention  to  support  the  nominees  of  the  party  In  which  he 
desires  to  participate  at  the  coming  regular  election.  Such  affidavits 
shall  be  substantially  in  the  following  form: 
"State  of  Oklahoma,  County,  SS. 

I the  undersigned,  do  solemnly  swear,    (or 

affirm)   that  I  am  in  good  faith  a  member  of  the 

party  whose  candidates  I  now  seek  to  assist  in  nominating. 


Subscribed  and  sworn  to  before  me  this day  of 

191 

"Precinct  Election  Inspector." 

—5— 


State  of  Oklahoma,  County  of ,  SS. 

I,  the  undersigned,  do  solemnly  swear  (or  affirm)  that  I  desire 
to  affiliate  with  the  ' party,  and  that  it  is  my  inten- 
tion to  support  the  nominees  of  the  said  party  in  which  I  now 
desire  to  participate  at  the election  191 


Subscribed  and  sworn  to  before  me  this day  of 

19 

"Precinct    Election    Inspector." 

Section  11.  The  contract  for  the  printing  of  all  primary  election 
ballots,  whether  state,  district,  city  or  county,  shall  provide  that 
the  names  of  all  candidates  for  each  of  the  various  offices  shall  be 
so  arranged  and  printed  thereon,  so  that  each  name  will  appear  at 
the  head  of  the  list  of  candidates  for  each  office  on  said  ballots 
on  the  total  number  of  ballots  an  equal  number  of  times  with  each 
other  name,  and  each  name  shall  appear  second  on  said  ballot  for 
each  said  office  an  equal  number  of  t  imes  with  each  other 
name,  and  likewise,  third  and  fourth  to  the  end  that  the 
name  of  each  candidate  shall  appear  on  said  ballot  in  such  position 
as  will  insure  said  candidate  an  equal  opportunity  with  each  other 
candidate;  and  the  Election  Board  shall  cause  said  primary  election 
ballots,  arranged  as  provided  herein,  to  be  printed  in  such  numbers, 
as  is  provided  by  law,  and  shall  cause  said  ballots,  so  arranged  and 
printed,  to  be  distributed  among  the  various  precincts  so  as  to 
carry  out  the  intent  of  this  section. 

Section  12.  Penalty  for  Official  Misconduct — If  any  Inspector, 
Judges,  or  Clerk  of)  any  general  or  primary  election,  or  other  offi- 
cers or  persons  on  whom  any  duty  Is  enjoined  by  law,  shall  be 
guilty  of  'any  wilfull  neglect  of.  duty,  or  of  any  corrupt  conduct  in 
the  discharge  of  same,  such  Judge,  Inspector,  Clerk,  Officer  or  other 
person,  shall  be  deemed  guilty  of  a  felony  and,  upon  conviction 
thereof,  shall  be  punished  by  imprisonment  in  the  penitentiary  not 
less  than  one  year,  or  more  t£an  five  years,  or  by  imprisonment  in 
the  county  jail  not  less  than  three  months  nor  more  than  one  year. 
Section  13.  Stealing  Ballot  Box  and  Other  Frauds,  by  Persons 
or  Election  Officers — Any  person  or  members  of  any  committee,  or 
watcher,  or  any  inspector,  clerk,  judge,  or  other  officer  of  any  gen- 
eral or  primary  election  who  is  guilty  of  stealing  ,wilfully  and  wrong- 
fully breaking,  destroying,  mutilating,  defacing  or  unlawfully  remov- 
ing or  securing  or  detaining  the  whole  or  any  part  of  any  ballot 
box,  or  any  record,  primary  poll  book,  tally  sheet,  or  any  copy 
thereof,  oath,  return,  or  any  other  paper  or  document,  provided  for 
by  the  laws  of  this  State,  or  who  shall  fraudulently  make  an  entry, 
erasure,  or  alteration  therein,  except  as  allowed  and  directed  by  the 
laws  of  this  State,  or  who  permits  any  other  person  to  do  so,  shall, 
upon  conviction  thereof,  be  punished  by  imprisonment  in  the  peni- 
tentiary not  less  than  one  year,  nor  more  than  five  years,  or  by  im- 

—6— 


prisonment  in  the  county  jail  not  less  than  three  months  nor  more 
than  one  year. 

Section  14.  Penalty  to  Deface  Ballots,  Tally-Sheets  or  Ballot  Box 
—Whoever  wilfully  and  wrongfully  shall  take  or  carry  away  from 
the  place  where  it  has  been  deposited  for  safe  keeping,  or  deface, 
mutilate,  or  change  any  general  or  primary  ballot,  tally  sheet  or 
ballot  box,  or  any  name  or  figure  therein  or  thereon,  shall,  upon 
conviction  thereof,  be  punished  by  imprisonment  in  the  penitentiary 
not  less  than  one  year  nor  more  'than  five  years,  or  by  imprison- 
ment in  the  county  jail  not  less  than  three  months  nor  more  than 
one  year. 

Section  15.  Offense  for  False  Returns  or  Canvass — If  any  person 
whose  duty  it  is  to  canvass  the  returns  or  to  make  or  tabulate  a 
statement  who  shall  be  deemed  guilty  of  fraud,  corruption  or  mis- 
behavior, or  of  violating  any  of  the  laws  of  this  State  in  canvassing 
the  returns  or  making  tabulated  statement  thereof  or  issuing  false 
certificates,  he  shall,  upon  conviction  thereof,  be  punished  by  im- 
prisonment in  the  penitentiary  not  less  than  one  year  nor  mbre  than 
five  years,  or  by  imprisonment  in  the  county  jail  not  less  than 
three  months  nor  more  than  one  year. 

Section  16.  Repeating  and  Illegal  Voting — Penalties — Whoever 
votes  more  than  once  at  any  general  or  primary  election,  or  offers 
to  vote  after  having  once  voted  at  such  general  or  primary  election, 
or  knowing  that  he  is  not  a  qualified  elector  at  a  general  or  primary 
election,  wilfully  votes  at  such  general  or  primary  election,  shall, 
on  conviction  thereof,  be  fined  in  the  sum  not  exceeding  one  thousand 
dollars,  or  be  imprisoned  in  the  county  jail  not  exceeding  one  year, 
or  both  such  fine  and  imprisonment,  in  the  discretion  of  the  court, 
and  disfranchised  for  ten  years. 

Section  17.  Violation  of  Duty  by  State  or  County  Election 
Board. — Any  member  of  the  State  or  County  Election  Board  of  a 
general  or  primary  election  who  shall  wilfully  violate  any  of  the 
provisions  of  law  relating  to  canvassing  the  results  of  any  election 
shall  be  punished  by  imprisonment  in  the  penitentiary  not  less 
than  one  year  nor  more  than  three  years. 

Section  18.  Changing  Elector's  Ballot. — Whoever  fraudulently 
and  deceitfully  changes  the  vote  or  ballot  of  any  elector,  by  which 
such  elector  shall  be  prevented  from  voting  such  ballot,  or  for  such 
person  as  he  intended,  shall  be  punished  by  imprisonment  not 
exceeding  six  months,  or  by  a  fine  not  exceeding  one  hundred  dollars. 

Section  19.  Penalty  for  Disclosing  How  an  Elector  Votes. — Any 
election  officer  who  shall  disclose  how  any  elector  may  have  voted, 
unless  upon  a  trial  in  a  court  of  competent  jurisdiction  he  may  be 
so  required,  shall  be  fined  not  less  than  ten  nor  more  than  one 
hundred  dollars. 

Section  20.  Unlawful  Acts  in  General  and  Primary  Elections. — 
If  any  person  in  any  manner  disturbs  the  orderly  proceedings  of 


any  such  general  or  primary  election  or  intimidates  or  in  any 
manner  attempts  to  intimidate  or  deter  from  voting,  or  imposes,  or 
attempts  to  impose,  any  duly  authorized  voter,  a  ticket  or  ballot 
other  than  it  appears  on  its  face  to  be,  such  person,  or  persons,  shall 
be  fined  not  less  than  ten  dollars  or  be  imprisoned  for  not  more  than 
three  months. 

Section  21.  Destroying  Ballots. — Whoever  on  any  day  between 
the  commencement  of  any  general  or  primary  election  and  the  close 
of  and  canvass  thereof,  by  the  officers,  fraudulently  destroys  any 
of  the  ballots  given  and  received  at  said  election,  or  takes  away 
or  abstracts  rom  any  ballot  box  any  of  the  ballots  so  given  or  re- 
ceived, or  puts  into  such  box  any  ballots  except  such  as  are  properly 
voted  by  the  electors,  or  in  any  manner  wilfully  intermingles  with 
the  ballots  which  shall  have  been  voted  by  the  electors,  any  other 
ballots  or  tickets,  which  shall  hot  have  been  duly  received  by  the 
election  officers  during  the  election,  shall  be  punished  by  imprison- 
ment in  the  State  prison  not  less  than  one  year  nor  more  than 
three  years. 

Section  22.  False  Swearing  to  Elector's  Qualifications. — Who- 
ever is  guilty  of  wilfull  and  corrupt  false  swearing,  or  affirming, 
where  interrogated  as  to  his  qualification  as  an  elector,  at  any 
general  or  primary  election,  or  when  his  testimony  may  be  required 
in  any  contested  election,  or  whoever  wilfully  and  corruptly  pro- 
cures another  person  to  swear  or  affirm  falsely  as  aforesaid,  shall 
be  guilty,  of  a  felony. 

Section  23.  Casting  Illegal  Ballot — Whoever  casts  knowingly 
an  illegal  vote  at  any  primary  or*  general  election  in  this  State,  held 
according  to  law,  shall  be  guilty  of  a  felony,  and  be  disfranchised  for 
ten  years. 

Section  24.  Election  Precincts. — The  election  precincts  provided 
by  the  Oklahoma  State  Election  Law  and  the  inspectors,  judges, 
clerks  and  blanks  and  supplies  at  the  polling  places  provided  by 
said  law  shall  be  the  same  for  the  primary  nominating  elections,  and 
it  shall  be  the  duty  of  the  inspectors,  judges  and  clerks  so  provided 
to  act  as  such  at  all  primary  nominating  elections;  provided,  it  shall 
be  the  duty  of  the  various  county  election  boards  to  create,  alter, 
divide  or  discontinue  voting  precincts  as  in  their  judgment  is  best 
and  proper,  under  the  limitations  of  number  of  voters  now  provided 
by  law  for  each  precinct,  and  the  Secretary  of  such  board  shall 
keep  in  a  bound  book  a  complete  record  of  the  boundary  of  each 
precinct,  the  name  of  the  voting  place  therein,  the  number  of  votes 
cast  and  the  date  thereof.  All  boundary  lines  outside  cities  and 
incorporated  towns  shall  follow  section  lines  as  nearly  as  practicable, 
but  no  precinct  line  shall  cross  the  boundary  line  of  any  con- 
gressional, legislative  or  commissioners  district;  provided,  that  the 
territory  of  the  voting  precinct  may  extend  beyond  the  boundary 

—8— 


lines  of  incorporated  towns  or  cities,  if  the  County  Election  Board 
deems  it  advisable. 

Section  25.  Election  Certificates. — At  any  primary  or  general 
election  when  the  callers  announce  the  vote  the  enumrators  shall 
call  the  number  aloud,  keeping  check  on  each  other,  and  when  the 
count  is  completed  the  two  tally  sheets  shall  be  signed  by  the  four 
counters.  The  four  counters  shall  then  fill  out  the  certificates  in 
the  back  of  the  book  of  ballots  without  detaching  it  from  said  back, 
and  they  shall  also  make  out  at  least  five  duplicates  of  such  certifi- 
cates. Each  certificate  shall  have  only  the  total  of  each  candidate's 
votes,  arid  that  shall  be  written  with  pen  and  ink,  in  words  and 
figures.  Each  certificate  shall  be  signed  by  each  of  the  four  counters 
and  sworn  to  before  the  inspector  of  elections  and  when  properly 
certified  and  sworn  to  shall  be  prima  facie  evidence  of  the  correct- 
ness of  the  precinct  vote.  One  of  said  certificates  «o  signed  and 
sworn  to  shall  be  kept  by  the  Inspector  of  Elections,  one  shall  .be 
filed  with  the  County  Clerk,  of  the  .County  at  the  time  the  ballot 
boxes  are  returned  and  delivered  to  the  County  Election  Board,  and 
such  certified  copy  shall  become  a  permanent  public  record  in  the 
office  jof  the  County  Clerk,  and  shall  not  be  removed  therefrom. 
And  within  one  hour  after  the  count  is  completed  the  Election 
Inspector  shall  cause  one  copy  of  such  certificate  to  be  posted  in  a 
public  place  immediately  outside  of  the  polls  for  public  inspection 
and  the  other  two  copies  shall  constitute  the  returns. 

Any  person  who  shall  deface,  or  remove  the  certificate  posted 
as  provided  in  this  section  within  twenty-four  hours  thereafter,  or 
any  officer  who  knowingly  fails,  neglects  or  refuses  to  comply  with 
the  provisions  of  this  section,  shall,  upon  conviction  thereof  be  pun- 
ished by  imprisonment  in  the  penitentiary  not  less  than  one  year 
nor  more  than  five  years,  or  imprisonment  in  the  county  jail  not 
less  than  three  months  nor  more  than  one  year. 

Passed  the  House  of  Representatives,  April  9,  1913. 

Passed  the  Senate  April  17,  1913. 

Received  by  the  Governor  April  25,  1913. 

Received  in  the  office  of  Secretary  of  State,  with  no  action 
thereon  by  the  Governor,  at  4:10  o'clock  p.  m.,  May  1,  1913. 


PRIMARY  ELECTION  LAWS 

OF  THE 

STATE  OF  OKLAHOMA 


ARTICLE  I. 

OFFICES    FOR    WHICH    NOMINATIONS   ARE   TO    BE    MADE. 

Section  1.  Nomination  by  Primary — Non-partisan  Candidates. — 
Political  parties  in  this  state  shall  select  or  nominate  their  respect- 
ive1 candidates  for  the  various  state,  district,  county,  township  and 
precinct  offices  by  a  primary  election  as  herein  provided  for  and  no 
candidate's  name  shall  be  printed  upon  the  official  ballot  for  any 
general  or  special  election  at  which  all  or  any  of  the  state,  district, 
county,  township  or  precinct  officers  are  to  be  elected  unless  such 
candidate  shall  have  been  nominated  as  herein  specified;  provided, 
that  this  provision  shall  not  exclude  the  right  of  non-partisan  candi- 
dates to  have  their  names  printed  upon  such  official  ballots  as  here- 
inafter provided  for.  (L.  1909  Ch.  16,  Art.  IV,  Sec.  1,  took  effect 
March  25th,  1909,  C.  L.  1909,  Sec.  3266.) 

Section  2.  Time  of  Holding  Biennial  Primary  Election.  Time  of 
Holding  Special  Elections  to  Fill  Vacancy. — The  first  Tuesday  in  the 
month  of  August  of  each  and  every  even  numbered  year,  beginning 
with  the  year  nineteen  hundred  eight,  shall  be  the  biennial  primary 
election  day  at  which  times  each  and  every  political  party  entitled 
and  intending  to  make  nominations  for  the  next  general  election 
shall  nominate  their  candidates  for  all  elective  offices  and  positions 
enumerated  in  section  one  of  this  Act,  to  be  filled  at  such  general 
election,  and  including  United  States  senators:  Provided,  the  nom- 
inations for  any  special  election,  held  for  the  purpose  of  filling  a 
vacancy  in  any  office  or  offices  caused  by  death,  resignation  or 
removal,  may  be  made  by  delegate  convention,  if,  in  the  judgment  of 
the  state  election  board,  the  time  is  too  short  in  which  to  hold  a 
primary  election,  or  the  cost  of  holding  the  same  would  be  excessive 
or  unnecessarily  burdensome:  Provided,  that  if  special  primary 
elections  are  held  to  fill  vacancies  in  the  Legislature,  they  shall  be 
held  on  a  day  fixed  by  the  Governor  by  proclamation,  which  procla- 
mation shall  be  issued  fifteen  days  before  the  day  of  such  special 
primary  election. 

Section    3,    Appointment     of     Inspectors,     Judges     and     Clerks; 


Designation  of  Voitng  Places. — The  voting  place  in  each  precinct  or 
ward,  and  the  inspector,  judges  and  clerks  shall  be  designated  and 
selected  and  advertised  in  the  same  manner  as  provided  by  law  for 
general  elections,  and  all  provisions  of  the  general  election  laws  not 
inconsistent  with  this  act,  shall  govern  such  primary  election.  (L. 
19107-08,  Ch.  31,  Art.  2,  Sec.  3.  Took  effect  May  29,  1908.  C.  L.  1909, 
Sec.  3268.) 

Section  4.  Ballots — Specifications. — The  names  of  candidates  of 
the  several  political  parties  shall  be  printed  upon  separate  ballots 
and  of  different  color.  No  party  emblem  or  device  shall  appear 
thereon,  and  no  elector  shall  be  permitted  to  vote  for  the  nomina- 
tions of  candidates  of  more  than  one  party  in  any  primary  election. 
The  ballots  for  primary  elections  shall  be  printed  by  the  county 
election  boards  as  nearly  in  conformity  with  the  provisions  of  the 
general  election  law  as  may  be.  (L.  1909,  Ch.  16,  Art.  4,  Sec.  4. 
Took  effect  March  25,  1909,  S.  B.  No.  5.) 

Section  5.  Sample  Ballots. — No  sample  ballots  shall  be  used  dur- 
ing or  before  primary  elections,  except  they  be  exact  duplicates  of 
the  regular  ballots  for  such  election.  They  shall  be  printed  at  the 
time  the  regular  ballots  are  printed  for  such  election,  and  shall  be 
upon  paper  of  a  color  different  from  that  used  for  the  regular 
ballots:  Provided,  that  such  sample  ballots  shall  have  printed  upon 
their  face,  and  at  the  top,  in  letters  at  least  one-half  inch  high,  the 
words,  "Sample  Ballots."  Such  sample  ballots  shall  not  have  a 
stub  attached.  (L.  1909,  Oh.  16,  Art.  4,  Sec.  4-A.  S.  B.  No.  5.) 

Section  6.  Election  Supplies  to  be  Furnished  as  in  General 
Elections — Each  ward  and  voting  precinct  shall  be  provided  with 
ballot  boxes,  ballots,  poll  books,  tally  sheets,  blanks  for  returns, 
oaths  and  all  necessary  election  supplies  by  the  same  officers  in  the 
same  way,  anl  all  expenses  of  such  primary  election  borne  and  paid 
in  the  same  manner  as  is  now  or  may  hereafter  be  provided  by  law 
for  general  elections. 

Section  7.  Ballot  Boxes  to  be  Opened,  Exposed  to  the  Public 
and  Locked  Before  Polls  Open — Watcher. — It  shall  be  the  duty  of 
the  inspectors  and  judges  of  election  immediately  before  the  open- 
ing of  the  polls  to  open  the  ballot  boxes  in  the  presence  of  the 
people  there  assembled  and  to  turn  said  ballot  boxes  upside  down 
so  as  to  empty  them  of  anything  they  might  contain  and  then  to 
lock  them  securely,  after  which  they  shall  not  be  reopened  again 
until  they  shall  be  opened  for  the  purpose  of  counting  the  ballots 
therein,  and  each  political  party  shall  have  the  right  to  place  one 
of  its  members  at  the  polls  as  watcher  during  the  whole  time  of 
receiving  and  counting  the  ballots,  who  shall  be  selected  by  the  corn- 
mitteeman  of  such  party  in  such  ward  or  voting  precinct.  (L.  1907- 
08,  Ch.  31,  Art.  2,  Sec.  10.  Took  effect  May  29,  1908,  C.  L.  1909.  Sec. 
3277.) 

Section   8.     Petitions    of    Candidates. — Any    person     desiring    to 

—11— 


become  a  candidate  before  primary  elections  for  a  political  party 
nomination  shall  petition  the  proper  officials  as  hereinafter  provided, 
to  have  his  name  so  printed  upon  such  political  party  ticket  and 
this  provision  shall  apply  to  non-partisan  candidates.  Such  petition 
shall  be  filed  as  hereinafter  provided  and  shall  be  signed  by  the  candi- 
date; it  shall  give  his  place  of  residence,  his  postoffice  address  and 
shall  name  the  party  before  which  he  desires  to  become  a  candidate 
and  the  date  of  the  election.  All  nominating  petitions  for  presi- 
dential electors,  United  States  senators,  representatives  in  congress, 
state  officers,  members  of  the  senate  and  house  of  representatives, 
district  judges,  and  for  all  other  offices  for  which  the  electors  of 
the  entire  state  or  sub-division  thereof  greater  than  a  county,  are 
entitled  to  vote  shall  be  filed  with  the  secretary  of  the  state  election 
board.  All  nominating  petitions  for  county  and  township  officers 
or  offices  for  which  the  electors  of  a  sub-division  of  a  county  are 
entitled  to  vote,  shall  be  filed  with  the  secretary  of  the  county  election 
board.  (Laws  1909,  Ch.  16,  Art.  4,  Sec.  5,  S.  B.  No.  5.) 

Section  9.  Nominating  Petitions — When  Filed  of  Non-Partisan 
candidate. — Nominating  petitions  required  by  this  Act  to  be  filed  with 
the  secretary  of  the  state  election  board  shall  be  filed  not  more  than 
one  hundred  days,  nor  less  than  forty  days  before  the  day  fixed  by 
law  for  the  primary  election:  Provided,  that  in  a  special  primary 
election,  called  by  the  proclamation  of  the  Governor,  nominating 
petitions  may  be  filed  not  less  than  ten  days  before  the  day  fixed 
by  such  proclamation  for  such  special  primary  election  nominating 
petitions  required  by  this  Act  to  be  filed  with  the  secretary  of  the 
county  election  board  shall  be  filed  not  more  than  ninety  days  nor 
less  than  thirty  days  before  the  day  fixed  by  law  for  the  primary 
election.  The  name  of  a  non-partisan  candidate  shall  not  be  printed 
upon  the  official  ballot  for  the  general  election,  unless  a  nominating 
petition  in  conformity  with  the  provisions  of  this  Act  shall  have 
been  filed  for  such  candidate,  with  the  proper  election  board,  within 
the  time  prescribed  by  this  section  for  the  filing  of  nominating 
petitions. 

Section  10.  -Notice  of  Offices  for  Which  Candidates  Are  to  Be 
Nominated;  Duty  of  Secretary  of  State  Election  Board;  Duty  of 
County  Election  Board;  of  Precinct  Election  Inspector. — At  least 
fifty  days  before  the  time  of  holding  such  regular  primary  election, 
the  secretary  of  the  state  election  board  shall  prepare  and  trans- 
mit to  the  secretary  of  each  county  election  board,  a  notice,  in  writ- 
ing, designating  the  offices  for  which  candidates  are  to  be  nominated 
at  such  primary.  Upon  receipt  of  such  notice  the  secretary  of  the 
county  election  board  shall  within  ten  days  after  he  has  received 
said  notice  from  the  secretary  of  the  state  election  board,  mail 
written  notices  to  the  inspector  of  elections,  in  the  various  precincts 
in  which  he  shall  state  the  names  of  all  offices  for  which  nominees, 
are  by  law  to  be  chosen  at  such  precinct,  specifying  the  -polling 

—12— 


places,  the  date  of  such  primary,  aid  the  hours  of  opening  and  closing 
the  polls.  Within  ten  days  after  the  precinct  election  inspector  has 
received  said  notice  from  the  secretary  of  the  county  election  board, 
he  shall  post  in  at  least  three  conspicuous  places  in  his  precinct,  a 
notice  specifying  the  polling  places  and  date  of  said  primary  election, 
with  the  hours  of  its  opening  and  closing  and  the  names  of  all 
county  and  township  offices,  including  party  precinct  committeemen 
for  which  the  several  political  parties  shall  nominate  candidates. 
All  official  notices  calling  county  elections  shall  specify  that  the 
same  shall  be  for  the  nomination  of  candidates  by  all  political  par- 
ties. (L.  1907-8,  Ch.  31,  Art.  2,  Sec.  13.  Took  effect  May  29,  1908, 
C.  L.  1909,  Sec.  3280.) 

Section  11.  Method  of  Voting  and  Making  Returns. — No  ballot 
shall  be  given  an  elector  for  the  purpose  of  voting  until  the  name 
of  the  elector  has  been  entered  upon  the  poll  book  and  the  method 
of  voting  shall  be  the  same  as  in  other  elections.  Returns  of  prim- 
ary elections  shall  be  made  in  the  manner  provided  by  the  general 
election  laws.  (L.  1909,  Ch.  16,  Art.  4,  Sec.  7,  S.  B.  No.  5.) 

Section  12.  Canvass  and  Return  the  Same  as  in  General  Elec- 
tion— The  ballots  shall  be  counted  and  return  made  in  such  primary 
election  as  is  now  or  may  hereafter  be  by  law  provided  for  general 
elections  and  such  primary  elections  shall  in  all  respects  conform  to 
the  laws  governing  general  elections,  except  as  herein  otherwise 
provided,  and  all  provisions  of  the  laws  governing  general  elections 
not  in  conflict  with  this  Act  are  hereby  made  applicable  and  put 
in  force  herewith.  (L.  1907-8,  Ch.  31,  Art.  2,  Sec.  18.  Took  effect 
May  29th,  1908,  C.  L.  Sec.  3285,  1909.) 

Section  13.  Official  Counters — Duties. — Official  counters  shall 
be  chosen  as  in  general  elections  and  shall  perform  the  duties  im- 
posed in  general  elections;  they  shall  make  and  sign  a  statement 
giving  the  names  of  the  persons  voted  for,  the  office  for  which  each 
sought  the  nomination,  and  the  number  of  votes  received  by  each, 
fully  certifying  the  results  of  such  election  such  certificates  shall  be- 
come a  part  of  the  official  returns  of  such  primary  election.  At 
the  close  of  any  precinct  count  the  official  counters  shall  give  a 
certificate  of  the  vote  cast  in  the  precinct  for  all  candidates  of  a 
political  party  to  some  person  authorized  in  writing,  by  the  chairman 
of  the  county  central  committee,  of  such  political  party,  or  in  case 
such  person  is  not  present,  to  any  person  who  is  known  to  be  of 
the  same  political  faith  of  such  party.  The  returns  shall  be  made 
as  in  general  elections  to  the  county  election  board.  When  such 
board  has  completed  its  tabulation  of  the  precinct  returns  the  person 
having  received  the  highest  number  of  votes  for  any  office  in  the 
political  party  before  which  he  was  declared  a  candidate,  shall  be 
declared  the  nominee  for  such  office,  and  be  given  a  certificate  of 
nomination  for  the  same,  which  shall  entitle  him  to  have  his  name 

—13— 


placed  on  the  official  ballot  at  the  ensuing  election  as  the  nominee 
of  such  party  for  office.   (L.  1909,  Ch.  16,  Sec.  20,  S.  B.  No.  5.) 

Section  14.  Recount  of  Ballots. — Any  candidate  in  a  primary 
election  may  challenge  the  correctness  of  the  announced  result 
thereof  by  filing  with  the  county  election  board,  whose  duty  it  is 
to  canvass  the  returns  in  such  race,  a  verified  statement  setting 
forth  a  state  of  facts  which  if  true  would  change  the  result  in  his 
favor  thereupon  it  shall  be  the  duty  of  such  board  to  inspect  <,.and 
count  ttte  ballots  questioned  by  such  candidate  within  ten  days  after 
he  has  filed  his  affidavit.  Such  board  shall,  upon  the  conclusion  of 
such  recount,  proceed  to  certify  the  result.  (L.  1909,  Ch.  16,  Art.  4, 
Sec.  21,  S.  B.  No.  5.) 

Section  15.  Voter  to  Have  Assistance  in  Making  His  Ballot; 
Duty  of  Judges. — If  any  qualified  voter,  who  cannot  read  or  write 
or  is  physically  disabled,  asks  for  assistance  in  marking  his  ballot, 
two  of  the  judges,  who  shall  not  belong  to  the  same  political  party, 
shall,  go  into  the  booth  with  him  and  shall  mark  his  ballot  as  he 
directs;  and  any  judge  who  shall  attempt  to  electioneer  with  such 
voter  or  try  to  influence  his  vote,  or  shall  mark  the  same  contrary 
to  the  directions  of  such  voter,  shall  be  guilty  of  a  misdemeanor. 
(L.  1907-08,  Ch.  31,  Art.  2,  Sec.  22.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3289.)- 

Section  16.  Offense  and  Penalties. — Every  act  declared  to  be 
an  offense  by  the  general  election  law,  shall  be  such  under  this  act, 
and  any  person  found  guilty  of  such  offense  shall  be  subject  to 
the  penalties  prescribed  by  such  election  law.  (L.  1909,  Ch.  16,  Art. 
4,  Sec.  23,  S.  B.  No.  5.) 

Section!  17.  Candidates  in  General  Election  Shall  Comply  With 
This  Article. — No  person  shall  be  allowed  to  become  a  candidate 
in  any  general  election  unless  he  shall  have  complied  fully  and  com- 
pletely with  the  provisions  of  this  article.  (S.  L.1907-08,  Ch.  31,  Art.  2, 
Sec.  25.  Took  effect  May  29,  1908,  C.  L.  1909,  Sec.  3291.) 

Section  18.  Campaign  Expenses;  Names  and  Addresses  of  Per- 
sons Through  Whom  Expended. — Candidates  before  any  primary  elec- 
tion, for  all  offices  for  which  the  voters  of  more  than  a  county  have  , 
the  right  to  vote,  shall  file  with  the  secretary  of  the  state  election 
board,  the  name  of  each  and  every  individual,  with  their  post  office 
address,  by,  or  through  whom  he  has  expended,  or  purposes  to  ex- 
pend money  in  defraying  the  expenses  of  his  campaign.  Candidates 
for  office  within  the  borders  of  a  county  shall  file  such  names  with 
the  secretary  of  the  county  election  board.  Should  any  candidate 
determine  not  to  authorize  or  appoint,  any  such  person  or  persons, 
to  expend  money,  or  other  things  of  value,  for  him,  in  or  during  his 
campaign,  he  shall,  instead  of  filing  such  names,  notify  such  election 
board  that  he  has  not,  and  will  not  authorize  any  person  to  so  act  . 
for  him,  but  that  he  will  in  person,  account  for  all  the  money,  or 
other  things  of  value,  expended  in  the  interests  of  his  candidacy. 

—14— 


Such  list  of  names,  or  such  information  in  lieu  thereof,  shall  be  at- 
tached to,  and  accompany  every  such  candidate's  formal  application 
to  have  his  name  printed  upon  the  official  primary  election  ballot, 
or  shall  have  it  filed  with  such  secretary,  if  before  the  state  board 
in  due  time  before  the  date  fixed  herein  for  the  delivery  of  the 
official  copy  of  the  ballot  to  the  printer;  and,  in  case  it  shall  be 
filed  with  the  county  election  board,  it  shall  be  done  before  the"  day 
on  which  such  board  shall  forward  its  report  of  candidates  for  such 
primary  election,  to  the  secretary  of  the  state  board.  Should  any 
candidate  fail  to  file  such  names  or  information  by  the  dates  herein 
specified,  the  county  election  board  shall  not  certify  such  candidates 
name  to  the  state  election  board,  and  said  board  shall  not  cause  or 
allow  to  be  printed  upon  the  official  ballots,  vthe  name  of  any  can- 
didates who  has  not  filed  such  list  or  information. 

Section  19.  Statement  of  Campaign  Expenses,  When  and  Where 
Filed;  Blank  Form  for  Same  to  Be  Furnished  by  Secretary  of  State 
Election  Board;  Form — Within  ten  days  after  any  primary  election, 
all  candidates  therein  shall  prepare  a  carefully  itemized  statement, 
setting  forth  each  item  in  detail,  with  the  cost  thereof,  showing 
a  full  and  complete  record  of  his  expenditures  of  money  or  other 
things  of  value,  including  promises  to  pay  money,  or  other  things 
of  value,  as  well  as  all  treats,  presents,  or  favors  which  cost  money, 
or  other  thing  of  value,  either  present  or  future,  which  expendi- 
tures, treats,  promises,  presents,  or  rewards  were  intended  for  the  pur- 
pose of  aiding  or  advancing  in  any  way,  the  opportunities  of  such  can- 
didate or  which  would  have  or  be  likely  to  have  that  result.  Along 
with  such  report  each  candidate  shall  file  a  like  report  in  detail, 
of  each  of  the  persons  named  by  him  as  the  ones  authorized  to 
expend  the  money,  or  other  things  of  value;  also,  he  shall,  at  the 
time,  file  such  report  from  any  person  who  may  have  expended 
funds  for  such  candidate,  although  the  name  of  such  other  person 
was  not  upon  the  authorized  list  of  agents  as  filed  by  such  candi- 
date. Such  report,  if  for  candidates  for  state  offices,  or  for  sub- 
divisions of  the  state,  greater  than  a  county,  shall  be  filed  with  the 
secretary  of  the  state  board,  if  for  a  county,  or  the  territory  within 
a  county,  with  the  secretary  of  the  county  election  board.  Such 
report  shall  be  prepared  on  blank  forms,  and  a  sufficient  number 
thereof  shall  be  mailed  to  each  candidate  for  his  own  use,  as  well 
as  for  the  use  of  his  agents,  or  friends,  who  expended  money,  or 
other  things  of  value  for  him.  The  secretary  of  the  state  election 
board  shall  forward  a  sufficient  supply  of  such  blanks  to  the  secre- 
tary of  the  county  election  boards  for  the  use  of  all  candidates 
whose  duty  it  is  to  report  to  the  county  board.  Such  blank  reports 
shall  be  printed  by  the  order  of  the  state  election  board,  and  shall 
be  in  the  nature  of  an  affidavit,  and  shall  be  in  form  as  follows: 
STATE  OF  OKLAHOMA,  COUNTY  OF 

I, ,  who  was  a  candidate  for  the 

—15— 


nomination  as  the party's  candidate  for 

in  the  primary  election  held  on  August ,  19 ,   do  solemnly 

swear  that  the  itemized  statement  hereunto  attached,  contains  each 
and  every  item  of  money  or  other  thing  of  value,  which  I  paid  or 
expended,  or  which  I  promise  to  pay,  or  expend,  inclusive  of  all 
treats,  presents,  favors,  or  other  things  which  cost  money,  or  for 
which  I  have  obligated  myself  to  pay,  for  the  purpose  of  aiding 
or  advancing  my  candidacy,  directly  or  indirectly,  it  includes  all 
such  money,  or  other  things  of  value,  which  were  paid  by  me 
through  other  persons,  and  no  person  had  been  authorized  to  ex- 
pend money  for  me,  or  to  pay  out,  or  expend  anything  of  value, 
as  above  enumerated,  whose  itemized  report  is  not  attached  hereto, 
I  know  of  absolutely  no  expenditures,  within  the  contemplation, 
spirit  or  meaning  of  this  Act  which  was  made  for  the  purpose  of  di- 
rectly, or  indirectly  influencing,  or  aiding  or  advancing  my  interest 
as  a  candidate,  which  is  not  included  either  in  this  report,  or  that  of 
those  accompanying  it,  and  I  believe  no  such  expenditures  have  been 
made,  except  as  herein  reported. 

This day  of ,  19 

Subscribed  and  sworn  to  before  me  on  this  the day 

of ,  19 

Said  report  must  be  subscribed  and  sworn  to  by  the  candidate 
before  some  one  authorized  to  administer  oaths.  (L.  1907-08,  Ch. 
31,  Art.  2,  Sec.  27.  Took  effect  May  29,  1908.  .  C.  L.  1909,  Sec. 
3293.) 

Section  20.  Penalty  for  Failure  to  File  Statement  of  Expenses. 
Should  any  candidate  who  has  received  the  nomination  of  any  po- 
litical party,  fail  or  refuse,  to  file  a  full  and  complete  detailed  re- 
port, as  above  specified,  the  state  or  county  election  board  whose 
duty  it  is  to  issue  to  such  nominee  hit  certificate  of  nomination, 
shall  withhold  such  certificate,  and  refuse  to  issue  the  same  until 
such  reports  are  filed.  Any  candidate  who  failed  to  receive  a 
nomination,  and  who  refused,  or  fails,  to  file  such  report,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined, 
not  less  -than  twenty-five  nor  more  than  five  hundred  dollars.  (L. 
1907-08,  Ch.  31,  Art.  2,  Sec.  28.  Took  effect  May  29,  1908.  C.  L. 
1909,  Sec.  3294.) 

Section  21.  Candidates  Receiving  Nominations  to  F.ile  Names 
and  Addresses  of  Persons  Authorized  to  Expend  Money,  With  Whom; 
Penalty  for  Failure.  Candidates  who  have  received  a  political  party's 
nomination  for  any  office  for  which  the  names  must  be  certified  by 
the  county  election  board  to  the  state  board,  shall  file  with  said 
county  board;  and  all  candidates  who  have  received  a  political 
party's  nomination  for  any  office  for  which  the  name  must  be  cer« 
tified  to  said  election  board,  shall  file  with  the  secretary  of  said 
board,  the  names  and  postoffice  addresses  of  each  and  every  person 
authorized  hy  him  to  expend  money,  or  other  thing  of  value  in  his 


behalf  or  a  statement  to  the  effect  that  no  person  is  so  authorized 
as  required  of  candidates  before  the  primary  '  election,  shall  not 
have  his  name  printed  upon  the  official  ballot.  (L.  1907-08,  Ch.  31, 
Art.  2,  Sec.  20.  Took  effect  May  29th,  1908,  C.  L.  1909,  Sec.  3295.) 

Section  22.  Reports,  Custody  and  Access.  All  reports  required 
hereunder  shall  remain  in  the  hands  of  the  secretary  with  whom 
they  are  filed  and  shall  be  subject  to  inspection  or  publication  at 
any  time.  (L.  1909,  Ch.  16,  Art.  4,  Sec.  23,  S.  B.  No.  5.  Took 
effect  March  25,  1909.) 

Section  23.  Campaign  Committee  of  Candidate  to  File  Names  of 
Candidates  for  Which  It  Acted;  Form  of  Report;  by  Whom  Signed; 
and  What  It  Shall  State.  Each  campaign  committee  which  man- 
ages an  individual  candidate's  ca'mpaign,  before  a  primary,  or  in  a 
general  election,  and  each  of  said  committee  which  manages  the 
campaign  for  a  political  party  in  a  general  election  sholl  within 
ten  days  after  said  election,  file  with  the  secretary  of  the  election 
board,  with  which  the  names  of  the  candidates  for  which  such 
committee  acted,  a  full  and  complete  report  of  -all  money  or  other 
things  of  value  which  came  into  such  committee's  hands  or  which  was 
expended  by  it. 

The  form  of  said  report  shall  be  prepared  by  the  state  election 
board,  and  shall  be  in  form  the  same  as  required  Tor  candidates 
except  that  it  shall  be  altered  to  conform  to  the  needs  of  a  com- 
mittee, instead  of  an  individual.  Such  report  shall  be  signed  by 
the  chairman  and  secretary  of  each  committee,  and  also  by  the 
treasurer  thereof,  if  there  be  a  treasurer;  and  such  report  shall 
state  whether  there  is  a  treasurer  or  not,  and  shall  also  state  that 
there  was  not  any  other  person  who  expended  money  or  other 
things  of  value  for  it;  if  there  was,  it  shall  give  the  name  and  the 
postoffice  address  of  such  other  person,  and  shall  attach  in  addi- 
tion to  the  itemized  statement  which  said  committee  is  hereby  re- 
quired to  file,  a  like  statement  from  such  other  person.  Any  chair- 
man, secretary-treasurer,  or  other  person  who  fails  and  refuses  to 
sign  and  swear  to  such  report,  as  provided  herein,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  conviction,  shall  be  fined  not 
less  than  twenty-five,  nor  more  than  five  hundred  dollars,  and  con- 
fined in  the  county  jail  not  less  than  three,  nor  more  than  twelve 
months.  (L.  1907-08,  Ch.  31,  Art.  2,  Sec.  32.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3297.) 

Section  25.     Limitation'  of   Amounts   of   Expenditures   in    Primary 
Campaign.     Candidates  before  primary   election  held  under  the  pro- 
visions of  this  Act   shall  be   limited   in  the   amount  of   expenditures 
for  said   primary  to  the  following  respective  amounts: 
Candidates    for    nomination    for    United    States    Senator    or 

Governor,    an   amount   not   exceeding $3,000.00 

Candidates   for  nomination  for   any   office  in  which  electors 

of  the  entire  state  shall  vote,  an  amount  not  exceeding.  1,500.00 

—17— 


Candidates  for  nomination  for  supreme  judge,  an  amount  not 

exceeding  .  1,000.00 

Candidates  for  nomination  for  Congress,  an  amount  not  ex- 
ceeding _  800.00 

Candidates  for  nomination  for  district  judge,  an  amount  not 

exceeding    _    500.00 

Candidates  for  state  senator,  an  amount  not  exceeding 250.00 

Candidates  for  nomination  for  representative  to  the  Legis- 
ture  where  the  district  is  larger  than  one  county,  an 

amount    not    exceeding 2£».00 , 

Candidates  for   nomination  for  any  office  in  which   electors 

of  a  single  county  vote,   an  amount  not  exceeding 200.00 

Candidates  for  nomination  for  any  office  in  which  the  elec- 
tors of  a  single  district  or  sub-division  of  the  county 

vote,    an    amount    not    exceeding 50.00 

Candidates   or    nomination  for   mayor   in   cities   of    15,000    or 

more  population,  an  amount  not  exceeding 200.00 

Candidates  for  nomination  for  other  offices  of  cities  of  like 

population,  an  ainount  not  exceeding 150.00 

Candidates    for    nomination    for    mayor    in    towns    less    than 

15,000,    an   amount   not   exceeding 100.00 

Candidates  for  nomination   for   other   offices   in   such   towns, 

an    amount    not    exceeding 50.00 

(L.    1907-08,    Ch.    31,    Art.    2,    Sec.    34.      Took    effect    May    29th,    1908. 
C.   L.   1909.) 

Section  26.  Penalty  for  Exceeding  Limitation  in  Expenditures. 
Any  candidate  who  expends  any  more  money  or  other  thing  of 
value,  than  as  set  forth  in  the  foregoing  section,  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be  fined  not 
less  than  one  hundred  nor  more  than  two  thousand  dollars  and 
shall  be  confined  in  the  county  jail,  in  the  county  in  which  he  was 
convicted  for  not  less  than  six  months  nor  more  than  two  years. 
When  any  other  thing  of  value  than  money  is  expended,  or  used 
in  behalf  of  any  candidate,  it  shall  be  specified  by  such  candidate; 
and  it  shall  be  considered  as  money,  it  being  reckoned  at  its  fair 
cash  value.  (L.  1907-08,  Ch.  31,  Art.  2,  Sec.  35.  Took  effect  May 
29th,  1908.  C.  L.  1909,  Sec.  3300.) 

Section  27.  Penalty  for  Failure  to  Comply  With  Provisions  of 
Act. — Any  person  upon  whom  a  duty  is  imposed  by  this  Act,  or  who 
is  required  to  file  a  report,  shall  faithfully  perform  such  duty,  and  file 
such  report,  stating  accurately  the  information  required.  Any  one  who 
misstates  the  amount  of  money,  or  fails  to  fully  disclose  the  facts  as 
to  any  gift,  promise,  treat,  reward,  favors,  or  any  valuable  thing  given, 
shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction,  shall 
be  fined  not  less  than  fifty,  nor  more  than  one  thousand  dollars,  and 
confined  in  the  county  jail  not  less  than  three  nor  more  than  twelve 
months;  and  should  he  be  a  nominee,  he  shall  not  be  allowed  to  haM 

—18— 


his  name  appear  upon  the  ballot,  and  should  it  be  printed  before  such 
conviction,  he  shall  be  denied  the  right  to  hold  office,  if  elected.  If 
it  be  a  person  elected  to  office  in  the  general  election,  he  shall  not  be 
entitled  to  hold  such  office.  Any  candidate;  who  expends  more  money, 
either  in  person  or  through  agents,  committees  or  friends,  than  the 
limit  prescribed  herein,  shall  in  addition  to  the  punishment  herein- 
before prescribed,  be  thereafter  barred  from  holding  office  in  this 
state.  (L.  1907-08,  Ch.  31,  Art.  2,  Sec.  36.  Took  effect  May  29,  1908, 
C.  L.  1909,  Sec.  3301.) 

Section  28.  Candidates  Place  on  Ballot  by  Petition,  to  Comply 
With  Provisions  of  This  Act. — The  provisions  of  this  article  relative 
to  the  expenditures  of  money,  or  other  things  of  value,  shall  apply 
with  as  much  force  and  effect  to  candidates  whose  names  are  placed 
upon  the  official  ballot  by  petition,  as  they  do  to  the  nominees  of 
political  parties,  or  as  to  candidates  before  nominating  primaries;  and 
all  independent  candidates  shall  make  and  subscribe  to  the  same  re- 
port, and  shall  be  liable  to  all  the  penalties  prescribed  herein  for 
other  candidates.  (L.  1907-08,  Ch.  31,  Art.  2,  Sec.  37.  Took  effect 
May  29th,  1908,  C.  L.  1909,  Sec.  3302.) 

Section  29.  Contests,  How  Decided. — All  contests  arising  out  of 
such  primary  elections  shall  be  settled  and  decided  in  the  same 
manner  as  is  now  or  may  hereafter  be  by  law  provided  for  general 
elections,  except  as  herein  otherwise  provided.  (L.  1907-08,  Ch.  31, 
Art.  2,  Sec.  40.  Took  effect  May  29th,  1908,  C.  L.  1909,  Sec.  3303.) 

Section  30.  Duty  of  Election  Board  to  Pass  on  Nominating  Peti- 
tions. Decision  Final. — It  shall  be  the  duty  of  the  election  board,  with 
whom  nomination  petitions  are  filed,  to  hear  and  determine  all  ques- 
tions or  objections  that  may  arise  concerning  same,  and  the  decision 
of  such  board  shall,  in  all  cases,  be  final.  (L.  1907-08,  Ch.  31,  Art.  2, 
Sec.  5  .  Took  effect  May  29th,  1908,  C.  L.  1909,  Sec  3094.) 

Section  31.  Contests,  How  Decided. — All  contests  arising  out  of 
such  primary  elections  shall  be  settled  and  decided  in  the  same  man- 
ner as  it  now  or  may  hereafter  be  by  law  provided  for  general  elec- 
tions, except  as  herein  otherwise  provided  (L.  1907-08,  Ch.  31,  Art.  2, 
Sec.  40.  Took  effect  May  29th,  1908,  C.  L.  1909,  Sec.  3303.) 

Section  32.  Affidavit  of  Challenged  Voter. — Any  elector  shall, 
upon  presenting  himself  to  vote,  announce  to  the  clerk  of  the  elec- 
tion, his  name,  town  or  if  a  city  of  the  first  class,  give  his  street 
number.  Any  election  inspector  or  challenger  may  challenge  the  right 
of  any  person  to  vote,  and  if  a  person  be  challenged  on  the  ground 
that  he  is  not  able  to  read  and  write  any  section  of  the  Constitution, 
and  was  not  a  legal  voter  under  any  form  of  government  on  January 
1st,  1866,  or  one  whose  ancestor  was  not  a  legal  voter  on  said  date, 
before  being  permitted  to  make  the  affidavit  required  below,  he  shall 
be  required  to  read  and  write  any  section  of  the  Constitution.  No 
person  challenged  shall  be  permitted  to  vote  unless  he  makes  an  affi- 
davit in  writing  that  he  is  a  qualified  and  legal  voter  of  the  precinct, 

—19— 


also  his  name,  residence,  occupation,  place  or  places  of  residence 
during  the  six  months  prior  to  the  election,  with  the  date  of  any 
removal  within  that  time,  arid  names  of  two  persons  who  have  per- 
sonal knowledge  of  his  residence  in  the  precinct  thirty  days,  and 
the  county  six  months  and  in  the  state  one  year.  He  shall  then  be 
allowed  to  vote  unless  the  election  inspector,  or  challenger,  make 
affidavit  in  writing  that  he  knows,  or  is  informed  and  verily  believes 
that  the  person  offering  to  vote  is  not  a  legal  voter  of  the  precinct, 
and  the  person  offering  to  vote,  shall  not  thereafter  be  allowed  to 
vote  unless  one  qualified  elector  of  the  precinct,  who  has  been  a  free- 
holder and  householder  in  the  precinct  for  at  least  one  year  next  pre- 
ceding such  election,  shall  make  affidavit  in  writing  that  he  has 
personal  knowledge  of  such  person  offering  to  vote  being  a  legal 
voter  at  the  precinct. 

Provided,  however,  not  more  than  two  challenged  voters  shall 
remain  inside  of  the  polls  at  one  time,  but  upon  being  challenged 
upon  any  grounds,  such  voter  shall  return  outside  of  the  polls  and 
re-enter,  in  the  order  in  which  he  was  challenged,  for  the  purpose  of 
being  tested  as  to  qualifications.  The  affidavit  of  the  person  chal- 
lenged shall  be  in  the  following  form: 
Sate  of  Oklahoma,  County  of ,  ss: 

I  do  solemnly  swear  (or  affirm) :  (1)  I  am  a  male  citizen  of  the 
United  States.  (2)  I  am  a  native  of  the  United  States.  (3)  I  have 
for  more  than  thirty  days  last  past  resided  in  the  precinct  in  which 
I  am  now  offering  to  vote,  and  that  I  am  now  a  bona  fide  resident 
of  this  precinct.  (4)  I  have  resided  for  more  than  six  months  last 
past  in  the  county  in  which  I  am  now  offering  to  vote.  (5)  I  have 
resided  for  more  than  one  year,  last  past,  in  the  state  of  Oklahoma. 
(6)  I  am  over  the  age  of  21  years.  (7)  I  am  not  deprived  of  any 
rights  of  citizenship  by  virtue  of  any  conviction  of  a  felony.  (8)  I 
am  not  now  being  kept  in  a  poor  house,  or  other  asylum  at  public 
expense.  (9)  I  am  not  now  being  kept  in  a  public  prison.  (10)  I 
am  not  a  lunatic.  (11)  I  am  not  an  officer  or  soldier  in  the  regular 
army,  or  a  marine  in  the  navy  of  the  United  States.  (12)  I  know 
of  no  reason  why  I  am  not  entitled  to  vote.  (13)  I  am  generally 
known  by  the  name  under  which  I  now  desire  to  vote,  which  is 

(14)  I  have  not  voted  and  will  not 

vote  in  any  other  precinct  in  this  election.^    (15)   My  occupation  is 

(16)    My  residence  is 

(If  in  city  or  town  give   street  number.)      (17)    During  the  last  six 

months,  I  have  resided  at (18)  I  have 

moved,    from to 

of  the  following  date.     (19)   That and 

have  personal  knowledge  of.  my  residence  in  the  precinct  for  thirty 
days  and  in  the  county  six  months  and  the  state  one  year. 

—20— 


Subscribed  and  sworn  to  before  me  this day 

of._  __191__ 


The  inspector  shall  file  such  affidavit  and  safely  keep  the  same 
until  it  is  delivered,  as  hereinafter  provided,  to  the  county  election 
board. 

The  other  affidavit  herein  referred  to  shall  be  in  the  following 
form. 
State  of  Oklahoma,  County  of ,  ss: 

I  swear  that  I  know,  or  am  informed  and  believe,  that 

now  offering  to  vote,  is  not  a  legal 

voter  in  this  precinct. 

Subscribed  and  sworn  to  before  me  this day 

of..  __191__ 


State  of  Oklahoma,  County  of ,  ss: 

I  do  solemnly  swear  (or  affirm)  that  I  am  a  qualified  elector  of 
this  precinct;  that  I  have  been  a  freeholder  and  householder  in  this 

precinct  for  one  year  next  preceding  this  election;  that 

who  now  desires  to  vote  has  resided  in  this  state 

for  one  year  immediately  preceding  this  election;  that 
he  has  resided  in  this  county  six  months,  and  in  this  precinct  30  days, 

at ;  that  he  is  now  a  bona  fide  resident 

of  this  precinct  and  a  legal  voter  therein.  These  facts  I  know  of  my 
own  personal  knowledge. 

Subscribed  and  sworn  to  before  me  this day 

of..  __191__ 


Should  the  person  challenged  not  be  a  native  of  the  United  States, 
unless  he  be  of  Indian  descent,  he  may  strike  out  the  avowal  number 
"2"  in  the  affidavit  to  be  by  him  subscribed.  If  he  be  of  Indian 
descent,  he  must  be  a  native  of  the  United  States  to  be  entitled  to 
vote.  Should  the  person  challenged  be,  at  the  time,  confined  in  a 
poor  house,  or  other  asylum,  at  public  expense,  he  may  still  be  en- 
titled to  subscribe  to  said  affidavit  and  Vote,  provided,  he  will  strike 
out  of  the  avowal  number  "8"  as  arranged  herein  the  word  "no"  and 
add  at  the  close  of  s.uch  avowal  with  pen  and  ink,  the  words,  "A's  a 
soldier  of  the  war  of  1861-65  between  the  states."  Should  the  person 
challenged  be  an  officer  in  the  regular  army,  or  a  marine  in  the  navy 
of  the  United  States,  enlisted  from  this  state,  he  may  strike  out  the 
word  "no/1  in  avowal  number  "11"  and  add  at  the  close  of  the  ayowal 
the  words,  "But  I  enlisted  from  this  state,"  and  strike  out  the 
avowal  number  "18"  in  case  he  has  not  removed  as  therein  provided. 
The  foregoing  instructions,  following  the  above  jurat,  shall  be  printed 
upon  the  affidavit  in  bold  type,  and  immediately  following  the  jurat, 
with  an  index  hand  at  the  beginning  of  each  paragraph.  When  such 
affidavits  have  been  signed  and  sworn  to,  the  clerk  shall  provide  the 

—21— 


elector  with  a  ballot.  The  precinct  inspector  is  hereby  empowered  to 
administer  all  oaths  required  by  this  Act,  and  all  affidavits  touching 
the  qualifications  of  an  elector,  required  by  this  Act,  shall  be  sub- 
scribed and  sworn  to  before  said  precinct  inspector.  (L.  1911,  Ch. 
106,  Sec.  4,  H.  B.  27.  Took  effect  March  18,  1911.) 

Section  33.  Unlawful  Voting — Immediate  Arrest. — If  at  any  time 
during  the  election  any  elector  shall  make  affidavit  that  any  person 
who  has  voted  is  an  illegal  voter  in  said  precinct,  the  person  accused 
shall  at  once  be  arrested  by  an  officer  of  the  county  authorized  to 
make  arrest.  Immediately  after  the  close  of  the  election  the  inspec- 
tor shall  deliver  such  affidavit  to  some  justice  of  the  peace  of  the 
township,  or  the  county  court  of  the  county,  who  shall  proceed 
thereon  as  if  the  affidavit  had  been  made  before  him.  (L.  1910,  Ch. 
116,  Sec.  5,  H.  B.  171.  Took  effect  March  28th,  1910.) 

Section  33.  False  Affidavit — Perjury. — Whoever  shall  knowingly 
or  wilfully  make  a  false  affidavit  under  the  provisions  of  this  act  shall 
be  deemed  guilty  of  perjury.  (L.  1910,  Ch.  116,  Sec.  6,  H.  B.  171. 
Took  effect  March  28th,  1910.) 


—22— 


GENERAL  ELECTION  LAWS 

OF  THE 

State  of  Oklahoma 


ARTICLE  I. 
GENERAL  ELECTION— ELECTION  BOARD. 

Section  1.     Date  of  Election — Offices  to  Be  Filled — Term. — On  the 

first  Tuesday,  succeededing  the  first  Monday  of  November,  1908,  a 
general  election  shall  be  held,  at  which  time  electors  of  President  and 
Vice-President  shall  be  elected,  also  representatives  in  Congress,  to- 
gether with  successors  to  all  state,  district,  county,  township,  mu- 
nicipal or  precinct  officers,  whose  terms  expire  before  the  next  suc- 
ceeding* general  election  as  herein  provided  for.  On  said  date,  every 
two  years  thereafter,  such  election  shall  be  held,  at  which  time  repre- 
sentatives in  Congress  shall  be  chosen,  and  also  the  successor  of  any 
state,  district,  county,  township,  municipal  or  precinct  officers,  whose 
term  expires  before  the  next  succeeding  general  election,  and  also  the 
successor  to  any  state,  district,  county,  township,  municipal  or  pre- 
cinct officers,  who  may  have  been  chosen  to  serve  the  unexpired 
term  until  the  next  general  election.  On  such  date,  every  fourth 
year"  thereafter,  a  general  election  shall  be  held,  at  which  time  elec- 
tors of  President  and  Vice-President  shall  be  chosen,  and  also  suc- 
cessors to  all  state,  district,  county,  township,  municipal  or  precinct 
officers  for  such  offices,  as  under  the  law,  the  term  expires  before  the 
next  succeeding  general  elction,  and  also  to  fill  any  vacancy  in  such 
office,  or  where  the  incumbent  should  be  holding  by  appointment  until 
such  general  election.  (L.  1907-08,  Ch.  31,  Art.  1,  Sec.  1.  Took  effect 
May  29th,  1908.) 

Section  5.  County  Election  Board — Where  and  How  Appointed — 
Term. — The  county  election  board  shall  consist  of  three  members  to 
be  chosen  in  the  following  manner: 

The  state  election  board  shall  select  one  member  of  said  county 
board,  who  shall  be  secretary,  and  the  two  political  parties  receiving 
the  highest  number  of  votes,  at  the  last  general  election,  shall  each 
name  one  member  of  the  county  election  board:  Provided,  that  not 
more  than  one  member  of  such  county  board  shall  be  named  from 
any  one  county  commissioner's  district  in  such  county.  And  when 
such  members  of  the  county  election  board  are  named  as  herein  pro- 

—23— 


vided  they  shall  immediately  qualify  by  taking  the  oath  of  office  as  is 
by  law  prescribed  for  other  county  officers.  The  members  of  the 
county  election  board,  first  appointed  hereunder,  shall  serve  until  the 
second  Monday  in  January,  1913,  or  until  their  successors  are  ap- 
pointed and  qualified:  Provided,  that  upon  the  failure  of  any  poli- 
tical party  in  any  county  to  select  a  member  of  the  county  board  the 
state  bd&rd  shall  proceed  to  fill  such  office  by  oppointment  after 
due  notice  by  registered  mail  to  the  chairman  of  the  county  central 
committee  of  such  political  party:  Provided,  further,  that  not  more 
than  two  members  of  any  one  political  party  shall  serve  on  such 
county  board.  (L.  1911,  H.  B.  27,  Sec.  3.  Took  effect  March  18, 
1911.) 

Section  6.  State  Election  Board  Fix  Date,  County  Board  to 
Meet.  The  state  election  board  shall  at  time  it  appoints  such  county 
board,  name  the  first  Monday  in  April,  except  the  year  1908,  when 
such  state  board  shall  name  a  date  as  soon  after  the  first  Monday  in. 
April  as  possible,  after  such  appointments,  at  which  such  county 
boards  shall  convene  in  their  respective  county  seats  and  organize 
by  selecting  a  chairman.  (L.  1907-08,  Ch.  31,  Art.  1,  Sec.  7.  Took 
effect  May  29th,  1908.) 

Section  7.  County  Election  Board — Compensation.  The  members 
of  the  county  election  board  shall  be  allowed  four  dollars  per  day 
for  the  time  they  are  actually  engaged  in  the  performance  of  their 
duties:  Provided,  however,  that  in  no  event  shall  they  be  allowed 
pay  for  more  than  twenty  days  in  one  year,  and  the  secretary  of  the 
board  shall  in  addition  to  said  per  diem  be  allowed  fifty  dollars  per 
annum  compesation  for  keeping  the  records  in  counties  with  15,000 
population  or  less,  and  in  counties  with  a  greater  population  the 
secretary  of  the  board  shall  receive  an  additional  twenty-five  dollars 
per  annum  for  every  5,000  population,  or  major  fraction  thereof.  (L. 
1911,  H.  B.  27,  Sec.  4.  Took  effect  March  18th,  1911.) 

Section  8.  State  and  County  Election  Boards— Vacancy— How 
Filled.  L*  a  vacancy  shall  occur  in  the  state  election  board  it  shall 
be  the  duty  of  the  Governor  to  fill  by  appointment  such  vacancy, 
and  he  shall  make  the  selection  from  the  ranks  of  the  political  party 
to  which  the  appointee's  predecessor  belonged.  (Should  a  vacancy 
occur  in  any  county  election  board,  if  the  secretary  of  said  board, 
the  state  election  board  shall  fill  the  same  by  appointing  from  the 
political  party  with  which  the  retiring  member  was  associated.  If 
either  of  the  other  members  of  the  board,  the  county  central  com- 
mittee of  the  political  party  with  which  the  retiring  member  was  as- 
sociated, shall  fill  the  vacancy  by  appointment.)  In  all  cases  of  a 
vacancy,  the  appointee  shall  hold  the  remainder  of  the  unexpired 
term  and  shall  have  administered  to  him,  before  entering  upun  the 
duties  of  his  office,  the  oath  hereinafter  mentioned.  (L.  1907-08,  Ch. 
31,  Art.  1,  Sec.  9,  as  amended.) 

Section   9.     Precinct    Election    Board — Appointment — Qualification 

—24— 


—Terms.  By  the  15th  day  of  April,  after  their  appointment,  the 
county  election  board  shall  select  an  election  board  for  each  pre- 
cinct in  their  respective  counties.  Such  precinct  boards  shall  consist 
of  three  electors  who  are  residents  of  such  precinct.  Such  precinct 
election  board  shall  constitute  the  board  of  election  officers,  for 
their  respective  precincts,  and  shall  have  complete  charge  of  all 
elections  held  in  such  precincts,  whether  the  same  be  primary  elec- 
tions, for  the  naming  of  party  nominees,  or  general  elections,  precinct 
election  boards  shall  be  chosen  for  a  term  of  four  years,  and  such 
term  shall  expire  on  the  first  Monday  of  May,  succeeding  the  expi- 
ration of  the  terms  of  the  county  boards,  and  such  precinct  board 
shall  hold  until  their  successors  are  appointed  and  qualified,  unless 
sooner  removed  by  the  county  election  board  because  of  his  disquali- 
fication under  the  provisions  of  Section  13  of  this  Act,  or  failure  or 
refusal  to  perform  the  duties  of  their  office,  the  sufficiency  of  such 
causes  to  be  determined  by  the  county  election  board:  Provided, 
that  in  1911  the  precinct  board  may  be  selected  as  soon  after  the 
fifteenth  day  of  April  as  possible.  (L,  1911,  H.  B.  27,  Sec.  5.  Took 
effect  March  18th,  1911.) 

Section  10.  Precinct  Committee  Furnish  List  for  Precinct 
Boards.  The  precinct  central  committee  of  any  political  party  may, 
at  any  time  during  the  month  of  March  succeeding  the  appointment 
of  the  county  election  board  select  the  names  of  as  many  as  five 
electors  who  are  residents  of  such  precinct,  and  may  submit  such 
names,  with  their  postoffice  address,  to  the  said  county  election 
board,  as  the  choice  of  such  political  party,  from  which  its  represen- 
tation on  such  precinct  election  board  shall  be  chosen.  When  a  pre- 
cinct committee  of  a  political  party  avails  itself  of  the  privilege,  it 
shall  indicate  which  of  the  same  it  prefers  for  inspector,  which  for 
judges,  and  which  for  clerks,  and  so  notify  said  county  board.  When 
a  precinct  central  committee  of  a  political  party  suggests  its  rep- 
resentation on  a  precinct  board,  the  county  election  board  shall  be 
confined  to  such  names,  in  choosing  such  party's  representation. 
Should  a  precinct  central  committee  of  a  political  party  fail  to  sub- 
mit such  a  list  of  names,  then  the  county  election  board  may  select 
from  the  ranks  of  such  party  in  making  up  the  precinct  election 
board,  and  in  so  deciding,  the  county  board  shall  have  as  its  purpose 
a  fair  distribution  of  the  membership  of  all  precinct  boards..  In  no 
event  shall  more  than  two  of  the  three  members  of  a  precinct  elec- 
tion board  be  of  one  political  party,  unless  it  is  impossible  to  secure 
a  man  qualified  to  attend  to  the  duties  of  the  office  from  the  ranks 
of  the  other  party.  (L.  1907-08,  Ch.  31,  Art.  1,  Sec.  10.  Taok  eifect 
May  29th,  1908.) 

Section  11.  County  Board  to  Create,  Alter  or  Discontinue  Pre- 
cinct. It  shall  be  the  duty  of  the  county  election  board  to  create, 
alter  or  discontinue  voting  precincts,  whether  in  a  town  or  in  a 
country,  and  the  secretary  of  the  said  board  sftall  keep  in  a  bound 

—25— 


book,  a  complete  record  of  the  boundary  of  each  precinct,  and  any 
change  made  in  the  boundary  thereof,  with  the  name  of  the  voting 
place,  and  the  number  of  votes  cast  therein,  which  shall  always  be 
designated  by  said  board.  All  the  territory  included  in  a  voting  pre- 
cinct shall  be  within  a  ward  or  township,  while  the  territory  of  a 
voting  precinct  shall  not  extend  beyond  the  boundary  lines  of  a 
ward  or  municipal  township,  a  ward  or  municipal  township  may  con- 
tain as  many  precincts  as  the  county  board  may  deem  necessary. 
But  one  voting  place  shall  be  allowed  in  a  precinct,  and  no  precinct 
shall  contain  more  than  two  hundred  voters,  unless  in  extreme  cases 
of  necessity.  All  records  of  official  designation  of  municipal  town- 
ships and  precincts  shall  be  by  giving  the  names  of  the  municipal 
township  and  the  number  of  the  precinct  after  this  style:  "Taylor 
Township,  Precinct  Number  One."  The  precincts  of  each  ward  or 
municipal  township  shall  be  numbered  consecutively  from  "one" 
until  they  are  all  numbered.  All  wards  shall  be  designated  by  num- 
bers. If  in  any  election  hereafter  two  hundred  and  fifty  votes  or 
more  shall  be  cast  in  any  one  precinct  it  shall  be  the  duty  of  the 
inspector  in  such  precinct  to  report  the  same  to  the  county  election 
board  who  shall  forthwith,  divide  such  precincts  as  equally  as  pos- 
sible, so  that  the  new  precincts  formed  shall  each  contain  not  more 
than  two  hundred  electors.  The  county  election  board  of  any  county 
may  change  the  boundaries  of  any  precinct  within  each  county,  or 
divide  any  precinct  into  two  or  more  precincts  or  consolidate  two 
or  more  precincts,  into  one,  or  change  any  place  of  holding  elections 
when  public  convenience  or  public  good  may  require  it:  Provided, 
that  no  such  change,  division  or  consolidation  shall  be  valid  with- 
out first  giving  due  notice  of  at  least  one  month  by  printed  notices 
posted,  one  at  the  court  house  door  and  at  least  three  in  conspicu- 
ous places  in  the  precincts  affected.  And,  provided  further,  that  no 
precinct  shall  be  enlarged  so  as  to  contain  more  than  two  hundred 
and  fifty  voters.  If  such  board  shall  fail  to  act  as  herein  directed, 
any  qualified  elector  of  the  county  may  apply  for  a  writ  of  man- 
damus to  compel  the  perrormance  of  this  duty.  (L.  1907-08,  Ch.  31, 
Art.  1,  Sec.  12.  Took  effect  May  29th,  1908.) 

Section  12.  Precinct  Board — Qualifidations.  ,*No  person  shall 
serve  on  a  county  election  board  or  precinct  board,  or  as  the  of- 
ficial counter  of  elections  who  is  not  a  qualified  elector  of  the  pre- 
cinct in  which  he  served,  or  if  he  is  a  candidate  for  any  office  at 
such  election,  or  is  a  grandfather,  father,  father-in-law,  brother  or 
grandson  of  any  candidate  in  such  election,  or  who  has  anything  of 
value  waged  or  bet  upon  the  result  of  such  election.  (L.  1911,  H. 
B.  27,  Sec.  6.  Took  effect  March  18,  1911.) 

Section  13.  Clerk  Precinct  Board — Qualifications.  No  one  shall 
be  permitted  to  serve  as  clerk  on  a  precinct  election  board,  unless 
he  can  write  with  reasonable  rapidity,  and  in  a  legible  form;  and  no 
man  shall  be  allowed  to  serve  as  judge  upon  such  board,  who  can- 

—26— 


not  read  any  section  of  this  Act  with  reasonable  distinctness.  Should 
any  political  party  recommend  persons  for  appointment  to  member- 
ship on  such  precinct  election  boards  who  are  not  qualified,  as  above 
prescribed,  it  shall  be  the  duty  of  the  county  election  board  to  ignore 
such  incompetent  persons,  and  if  necessary,  in  order  to  secure  ef- 
ficient officers,  such  county  board  may  use  its  discretion  in  selecting 
persons  to  represent  such  party,  but  so  long  as  such  parties  recbnP 
mend  men  who  are  qualified  hereunder,  the  selections  shall  be  made 
from  the  lists  submitted.  (L.  1907-08,  Ch.  36,  Art.  1,  Sec.  14.  Took 
effect  May  29th,  1908,  C.  L.  1909,  Sec.  3108.) 

Section  14.  Precinct  Board  Vacancy — How  Filled.  If  at  any 
time  after  their  appointment,  it  is  found  that  any  member  of  a  pre- 
cinct election  board  is  not  a  qualified  officer,  under  the  provisions  of 
this  Act,  such  member  shall  not  serve,  and  his  colleagues  on  the 
board  shall  choose  his  successor  from  the  ranks  of  the  political  party 
to  which  such  disqualified  member  belongs,  and  from  the  list  of 
nominees  last  submitted,  by  such  party,  should  it  not  be  known  that 
a  member  is  disqualified  until  the  morning  of  the  election,  or  should 
any  member  of  the  board  fail  to  be  present,  and  ready  to  open  the 
election,  the  representatives  of  the  political  party,  to  which  such 
disqualified  or  absent  member  belonged,  shall  name  a  substitute  for 
such  member.  Provided,  there  are  as  many  as  three  of  the  members 
of  such  political  party  present,  otherwise  the  remaining  members  of 
the  board  shall  name  the  substitute.  In  all  cases  of  this  kind  the 
substitute  must  be  of  the  political  party  to  which  the  disqualified 
or  absent  member  belonged:  Provided,  a  qualified  elector  of  such 
party  can  be  found  to  fill  such  vacancy;  but  no  election  shall  be  de- 
layed more  than  thirty  minutes  in  order  to  give  a  party  represen- 
tation. The  clerk  of  the  election  shall  record  a  statement  in  the 
change  of  the  personnel  of  the  faoard  upon  the  fly  leaf  of  the  stub 
book.  (L.  1907-08,  Ch.  31,  Art.  1,  Sec.  15.  Took  effect  May  29,  1908, 
C.  L.  1909,  Sec.  3109.) 

Section  15.  Precinct  Board — To  Be  Notified  of  Appointment. — 
At  the  time  the  county  election  board  names  the  precinct  election 
boards,  it  shall  notify  each  member  of  their  appointment,  and  shall 
also  notify  each  of  them  to  meet  at  their  voting  place  at  3  o'clock 
p.  m.,  on  Friday  preceding  the  pending  election,  and  it  shall  be  the 
duty  of  such  appointees  to  attend  such  meeting  and  transact  the 
business  hereinafter  mentioned.  (L.  1907-08,  Ch.  31,  Art.  1,  Sec.  16. 
Took  effect  May  29th,  1908,  C.  L.  1909,  Sec.  3111.) 

Section  16.  County  Election  Board — Name  Inspector — Judge  and 
Clerk  of  Precinct  Board. — One  member  of  the  precinct  election  board 
shall  be  designated  by  the  county  election  board  as  election  inspector, 
and  the  inspector  shall  be  chosen  at  the  time  the  precinct  board 
is  named,  and  such  county  board  shall,  at.  the  same  time,  designate 
one  of  the  remaining  members  of  such  precinct  board  as  judge,  and 
the  other  as  clerk.  The  membe'rs  of  such  board  shall  serve  in  the 

—27—. 


position  so  indicated,  unless,  by  mutual  consent,  at  the  opening  of 
the  election  and  in  the  interest  of  promptness  in  expediting  business, 
changes  may  be  deemed  necessary  by  the  precinct  election  board, 
in  which  event  such  changes  may  be  made.  (L.  1907-08,  Ch.  31,  Art. 
1,  Sec.  17.  Took  effect  May  29th,  1908,  C.  L.  1909,  Sec.  3111:) 

'Section  17.  State,  County  and  Precinct  Board — Take  Oath. — All 
persons  appointed  as  members  of  the  state,  county  or  precinct 
election  boards  shall*  before  entering  <upon  the  duties  of  their 
office,  take  and  subscribe  to  the  oath  of  office  prescribed  by  the 
Constitution  for  state  and  county  officers.  (L.  1907-08,  Ch.  31,  Art.  1, 
Sec.  18.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3112.) 

Section  18.  Oath— By  Whom  Administered — Where  Filed. — The 
members  of  the  state  election  board,  shall  have  the  oath  of  office 
administered  to  then!  by  the  clwk  of  the  supreme  court,  and  said 
clerk  shall  preserve  said  oaths  in  his  office.  The  members  of  the 
county  boards  shall  have  the  oath  of  office  administered  to  them 
by  the  county  clerk,  and  said  clerk  shall  preserve  said  oaths  in  his 
office.  The  members  of  the  precinct  election  boards,  shall  have  the 
oath  of  office  administered  to  them  by  any  officer  authorized  to 
administer  oaths,  or  by  one  of  the  members  of  said  board,  as  here- 
inafter provided.  (L.  1907-08,  Ch.  31,  Art.  1,  Sec.  19.  Took  effect 
May  29th,  1908,  C.  L.  1909,  Sec.  3113.)  . 

Section  19.  Duties  of  Precinct  Inspector. — The  election  inspector 
shall  be  chairman  of  the  precinct  election  board.  He  shall  appear 
at  the  office  of  the  county  clerk,  not  more  than  five  nor  less  than 
one  day  before  such  election,  either  primary  or  general,  and  shall 
then  and  there  receive  at  the  hands  of  the  county  election  board, 
the  election  supplies  for  his  precinct,  which  supplies  he  shall  deliver 
at  the  polling  place  on  the  morning  of  the  election  and  before  the 
time  for  the  opening  of  the  polls:  Provided,  that  said  inspector 
shall  take  and  subscribe  to  the  oath  of  office  herein  provided  before 
receiving  such  supplies.  Should  an  inspector  of  election  purposely 
refuse,  neglect  or  fail  to  deliver  the  election  supplies  as  above  pro- 
vided, or  should  he  open  the  package  containing  said  supplies,  while 
in  his  care,  or  should  he  permit  any  other  person  to  do  so,  he,  with 
such  other  person  or  persons,  shall  be  deemed  guilty  of  a  misde- 
meanor and  upon  conviction  shall  be  fined  not  less  than  one  hundred, 
nor  more  than  five  hundred  dollars,  and  confined  in  jail,  not  less 
than  thirty,  nor  more  than  one  hundred  and  twenty  days.  (L.  1907-08, 
Ch.  31,  Art.  1,  Sec.  20.  Took  effect^  May  29th,  1908.  C.  L.  1909, 
Sec,  3114.) 

•ARTICLE  II. 

COUNTING  AND   CANVASSING. 

Section  20.  Official  Counters — When  Appointed — Qualifications* 
— At  a  meeting  of  the  precinct  board,  on  Friday,  preceding  the 
election,  it  shall  be  the  duty  of  the  board  to  appoint  four  official 
counters,  who  shall  be  electors  of  the  precinct,  and  who  shall  be 

—28— 


good  penmen,  and  rapid  in  figures.  Such  counters  shall  be  eqiutably 
distributed  from  the  various  political  parties,  but  in  no  event  shall 
more  than  three  of  them  be  from  any  one  party  unless  it  is  impos- 
sible to  find  a  capable  man  to  represent  the  minority  party.  (L. 
1907-08,  Ch.  31,  Art.  2,  Sec.  1.  Took  effect  May  29th,  1908,  C.  L. 
1909,  Sec.  3129.) 

Section  21.  Same — Notification  of  Appointment — Oath — Who  to 
Administer. — Such  counters  shall  be  forthwith  notified  of  their 
appointment,  and  they  shall  present  themselves  at  the  voting  place, 
at  ten  o'clock  a.  m.  on  the  day  of  the  election.  The  clerk  of  the 
election,  or  the  inspector,  shall  administer  to  them  the  oath  pre- 
scribed herein  for  precinct  election  boards.  (L.  1907-08,  Ch.  31,  Art. 
2,  Sec.  2.  Took  effect  May  29th,  1908,  C.  L.  1909,  Sec.  3130.) 

Section  22.  Counts — To  Commence  When — Clerk  to  Note  OK 
Stub  of  Last  Ballot. — At  ten  o'clock  a.  m.,  and  after  the  official 
counters  have  each  cast  their  ballots,  and  after  they  have  been  duly 
sworn  as  herein  provided,  the  ballot  box  shall  be  unlocked,  auer 
first  having  been  well  shaken  to  mix  the  ballots;  the  ballots  shall 
be  removed  to  a  receptacle  and  the  box  shall  be  relocked,  and  the 
balloting  continued.  The  ballots  removed  from  the  box  shall  be 
delivered  to  the  official  counters,  who  shall  immediately  proceed 
with  the  official  count. 

The  clerk  of  the  election  shall  make  a  marginal  note  on  the  stub 
of  the  last  ballot  which  was  deposited  in  the  box,  before  the  same 
was  opened,  by  writing  the  words,  "Official  Count  Begun."  (L. 
1907-08,  Ch.  31,  Art.  2,  Sec.  3.  TooW  effect  May  29th,  1908.  C.  L. 
1903,  Sec.  3131.) 

Section  23.  Counting — Manner  of. — Two  of  the  official  counters 
of  different  political  parties  shall  call  from  the  ballots  the  names 
of  the  candidates  voted  for,  while  the  other  two  shall  record  the 
votes  upon  the  tally  sheets  provided  for  that  purpose,  each  one 
recording  upon  a  different  sheet  at  the  same  time.  One  of  the 
counters  who  calls  the  number  of  votes  shall  remove  the  ballots 
from  the  receptacle,  one  at  a  time,  as  he  completes  the  call.  He 
shall  then  call,  first  the  name  of  the  office,  and  next  the  name  of 
the  candidate  voted  for,  and  the  other  counter  assisting  in  the  call 
shall  scrutinize  the  ballot  at  the  time  the  call  is  being  made,  and  not 
afterwards.  He  shall  watch  each  name  as  called,  and  correct  any 
error  before  the  next  name  is  called  or  recorded.  He  shall  then 
receive  and  fold  the  counted  ballot  and  string  it  upon  the  needle 
and  thread  provided  for  that  purpose,  while  the  other  counter  un- 
folds another  ballot.  The  record  of  the  vote  shall  be  kept  by  the 
familiar  methor  of  a  tally  on  every  fifth  vote.  (L.  1907-08,  Ch.  31, 
Art.  2,  Sec.  4.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3132.) 

Section  24.  Counters  to  Keep  Count  Secret. — The  official  count- 
ers shall  make  no  announcement  of  the  result  of  the  vote  during 
their  progress,  nor  shall  they,  at  any  time  during  the  count,  give 

—29— 


any  intimation,  by  sign,  word  or  otherwise,  aa  to  how  any  vote 
stands.  They  shall  not  communicate  with  any  person,  after  the 
count  begins,  until  the  polls  close,  except  through  the  inspector,  and 
such  communication  with  the  inspector  shall  not  relate  to  the  result 
of  the  count.  While  the  count  is  proceeding,  and  until  the  polls 
close,  the  official  counters  shall  be  in  private  as  much  as  possible, 
and  no  electors  or  other  persons  shall  be  allowed  to  approach  within 
less  than  thirty  feet  of  where  such  count  is  progressing,  except 
electors  engaged  in  casting  their  ballots.  The  official  count  must  be 
conducted  within  view  of  the  officers  of  the  election.  Any  violation 
of  this,  or  of  Section  4  of  this  article,  shall,  upon  conviction,  subject 
the  offender  to  a  fine  of  not  less  than  twenty-five  nor  more  than 
five  hundred  dollars,  and  imprisonment  in  the  county  jail  of  not 
less  than  thirty  nor  more  than  one  hundred  and  twenty  days.  (L. 
1907-08,  Ch.  31,  Art.  2,  Sec.  6.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3134.) 

Section  25.  Duties  of  Counters*. — Snould  the  official  counters 
complete  the  count  of  the  ballots  which  were  cast  before  ten  o'clock 
before  the  polls  close,  the  boxes  shall  be  unlocked  as  was  done  at 
ten  o'clock,  and  the  ballots  removed  and  counted  as  before.  (L.  1907- 
08,  Ch.  31,  Art.  2,  Sec.  7.  Took  effect  May  29th,  1908.  C.  L.  1909, 
Sec.  3135.) 

Section  26.  Counters — To  Sign — Tally  Sheet — Certificates — 
Watchers — By  Whom  Appointed. — When  the  callers  announce  a  vote, 
the  enumerators  shall  call  the  number  aloud,  keeping  check  on  each 
other,  and  when  the  count  is  completed  the  two  tally  sheets  shall 
be  signed  by  the  four  counters.  The  four  counters  shall  then  fill  out 
the  certificates  in  the  back  of  the  book  of  ballots,  without  detach- 
ing it  from  said  back,  and  they  shall  also  make  out  at  least  four 
duplicates  of  such  certificates.  Each  certificate  shall  have  only  the 
total  of  each  candidate's  votes,  and  that  shall  be  written  with  pen 
and  ink,  in  words  and  figures.  Each  certificate  shall  be  signed  by 
each  of  the  four  counters,  and  sworn  to  before  the  inspector  ol 
election.  One  such  certificate  shall  be  kept  by  the  inspector  of 
elections,  the  other  two  shall  constitute  the  returns  and  when  prop- 
erly certified  to  shall  be  prima  facie  evidence  of  the  correctness  of 
the  precinct  vote.  After  such  certificates  are  signed  and  sworn 
to  as  above  provided  and  within  one  hour  after  the  count  is  com- 
pleted, the  election  inspector  shall  cause  one  copy  of  such  certifi- 
cate, so  signed  and  sworn  to,  to  be  posted  in  a  public  place  outside 
of  the  polls  for  public  inspection,  and  it  shall  be  a  disdemeanor  for 
any  person  to  deface  or  remove  when  so  posted  within  a  period  of 
twenty-four  hours  thereafter. 

Each  candidate  for  the  namination  of  any  city,  county,  district 
or  state  office  may  name  a  person  to  act  as  watcher  at  each  or  any 
of  the  precincts  in  the  state,  at  any  primary  election;  said  watcher 
to  be  commissioned  in  writing,  by  said  candidate.  And  each  political 

—3d— 


party  may  name  a  person  to  act  as  watcher  at  each  or  any  precinct 
in  the  state  at  any  general  election;  such  watcher  to  be  commissioned 
in  writing,  by  the  county  or  city  committee  of  the  respective  parties. 
And  the  above  named  watcher  shall  be  allowed  to  watch  the  call 
and  recording  of  the  result  of  the  vote  in  the  precinct.  They  shall 
receive  no  compensation  for  their  services,  and  shall  have  no  fur- 
ther authority  than  to  note  of  record  any  objections  to  the  count 
and  to  challenge  the  result  thereof,  and  it  shall  be  the  duty  of  each 
wacther  to  watch  the  count  for  all  such  candidates  voted  for  in  suc& 
precinct,  and  to  insist  upon  an  honest  and  fair  count.  Such  watchers 
before  entering  upon  their  duties  shall  subscribe  to  an  oath  before 
the  election  inspector,  obligating  themselves  to  observe  the  same  rules 
now  prescribed  to  official  counters,  relative  to  giving  out  any  intima- 
tion or  Information  as  to  the  result  of  the  count,  and  any  watcher 
who  violates  such  oath,  or  who  by  any  method  whatsoever  indicates 
how  the  count  is  progressing,  shall  be  liable  to  a  fine  of  not  less 
than  $25.00  nor  more  than  $200.00,  and  shall  be  confined  in  the 
county  jail  not  less  than  thirty  days,  nor  more  than  one  year. 

Section  27.  Ballots  to  be"  Sealed — By  Whom. — When  all  ballots 
have  been  counted  and  the  certificates  properly  filled  out,  the  twine 
string  upon  which  the  ballots  are  strung  shall  have  its  ends  brought 
together  over  such  ballots  and  tied  in  a  hard,  knot  by  said  counters. 
A  piece  of  stiff  paper  shall  be  placed  underneath  each  knot,  and 
such  knot  shall  then  be  sealed  with  sealing  wax  and  stamped  with 
the  election  seal  of  the  precinct,  by  the  precinct  board  in  the  pres- 
ence of  the  counters.  (L.  1907-08,  Ch.  31,  Art.  2,  Sec.  9.  Took  effect 
May  29th,  1908.  C.  L.  1909,  Sec.  3137.) 

Section  28.  Mutilated  Ballot — Challenged  by  Official  Counter. — 
Should  a  ballot  be  stamped  in  primary  elections,  in  the  square  before 
the  names  of  two  or  more  candidates  for  the  same  office,  such 
ballot  shall  not  be  counted  for  any  of  said  candidates,  but  shall  be 
sounted  for  all  other  candidates  where  it  is  apparent  as  to  the 
person  for  whom  the  elector  intended  to  vote.  In  general  elections* 
ballots  stamped  under  the  device  of  more  than  one  party,  shall  not 
be  counted  ballots  in  general  elections,  when  stamped  under  the 
device  of  a  political  party  and  in  the  square  in  front  of  names  of 
individual  candidates  of  another  party,  shall  be  counted  for  the 
candidates  of  the  party  under  the  device  of  which  the  stamp  is, 
except  it  shall  be  counted  for  the  candidate  of  the  other  party  for 
whom  the  elector  stamped  in  the  square  opposite  their  names.  Bal- 
lots bearing  any  mark  as  a  distinguishing  mark,  shall  not  be  counted. 
Any  ballot  marked  or  stamped  as  above  described,  may  be  chal- 
lenged by  any  official  counter,  and  when  a  ballot  is  so  challenged, 
the  counter  who  questions  the  regularity  of  the  ballot  shall  endorse 
upon  the  back  of  such  ballot,  with  pen  and  ink,  in  a  brief  way,  the 
reason  why  he  challenges  such  ballot,  and  shall  sign  such  statement. 
If  such  ballot  be  only  challenged  as  to  a  portion  of  the  names  voted 

—31— 


for,  said  statement  shall  so  mention,  giving  the  names  as  to  which 
it  is  challenged,  and  such  ballot  shall  be  counted  and  recorded  only 
for  the  names  and  candidates  in  regard  to  which  it  was  not  chal- 
lenged. (L.  1907-08,  Ch.  31,  Art.  2,  Sec.  10.  Took  effect  May  29th, 
1908.  C.  L.  1909.  Sec.  3138.) 

Section  2'tr.  Challenged  Ballots — Disposition  of  Same. — All  chal- 
lenged ballots,  when  endorsed  upon  their  backs  with  a  statement 
by  the  challenging  counter,  and  all  ballots  found  in  the  box  not 
stamped,  or  mutilated,  shall,  when  properly  endorsed  upon  their 
backs,  be  strung  upon  a  string  as  they  are  challenged,  and  when 
the  count  is  completed  the  ends  of  such  strings  shall  be  brought 
together  and  tied,  and  the  knot  shall  be  sealed  with  hot  wax, 
upon  which  the  election  seal  is  imprinted,  then  such  string  of  cal- 
lenged  ballots  shall  be  placed  in  the  envelope  labeled  "Challenged 
Ballots"  and  sealed  as  is  required  by  this  Act,  for  the  envelope  in 
which  are  placed  the  voted  ballots.  (L.  1907-08,  Ch.  31,  Art.  2,  Sec. 
11.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3139.) 

Section  30.  Duties  of  Counters  Relative  to  Supplies. — When  the 
ballots  are  tied  and  the  knot  is  sealed,  the  bundle  of  voted  ballots 
and  the  stub  ballot  book,  with  all  the  unused  ballots  attached  to 
their  stub  with  the  original  certificate  of  the  result  in  the  back 
thereof  and  the  two  tally  sheets  shall  be  placed  in  the  envelope 
labled  "Voted  Ballots,"  "Tally  Sheets"  and  "Stub  Book  of  Ballots." 
This  envelope  shall  not  be  opened  except  upon  order  of  the  Supreme 
Court  or  District  Court  or  a  judge  thereof  in  case  of  contest  or  some 
legal  proceeding  necessitating  the  opening  of  the  same.  The  two 
duplicate  copies  of  such  certificate  shall  be  placed  in  the  envelope 
labeled  "Returns."  The  several  envelopes  shall  then  be  sealed  by 
moistening  the  gummed  flaps  and  pressing  them  down  firmly,  then 
a  seal  of  sealing  wax  shall  then  be  placed  upon  such  gummed  flaps, 
so  that  the  wax  will  extend  well  over  the  body  of  the  back  of  such 
envelope  and  should  be  made  to  cover  a  space  as  large  as  a  silver 
half  dollar.  In  the  center  of  the  wax,  while  it  is  yet  hot  and  soft, 
shall  be  firmly  imprinted  the  precinct  election  seal.  The  duties 
above  described  shall  be  performed  by  the  official  counters.  The 
clerk  and  judge  shall  then  write  their  names  across  the  gummed 
flaps  of  each  envelope  extending  them  on  to  the  body  of  the  envel- 
ope, one  upon  the  one  side  of  such  wax  seal,  and  one  upon  the  other. 
The  several  envelopes  shall  be  placd  in  th  ballot  box,  by  the  inspector 
in  the  presence  of  the  other  members  of  the  board  and  the  counters 
and  securely  locked.  After  the  ballot  box  is  securely  locked  the 
inspector  shall  not  again  open  it,  but  shall  deliver  it  in  $hat  condi- 
tion to  the  secretary  of  the  county  election  board.  The  county 
election  board  shall  not  disturb  anything  in  the  ballot  box  except  the 
envelope  marked  "Returns"  which  wlien  canvassed  shall  be  returned 
to  the  ballot  box  and  the  box  will  again  be  securely  locked  and 
retard  J>7  the  secretary  of  the  county  election  board  until  opened 

—32— 


by  the  order  of  court  or  until  it  shall  be  necessary  to  open  the  same 
for  use  at  the  nevt  election  at  which  time  the  ballots  shall  be 
destroyed:  Provided,  that  in  no  case  shall  the  ballots  be  destroyed 
until  ninety  days  after  the  election  at  which  they  were  cast.  (L.  1911, 
H.  B.  27,  Sec.  8.  Took  effect  March  18th,  1911.) 

ARTICLE    III. 

ELECTION    SUPPLIES. 

Section  31.  Printing  Ballots  and  Supplies — Advertise — For  Low- 
est Bid. — Until  such  time  as  the  state  becomes  prepared  to  do  its 
printing,  the  state  printing  department  shall  advertise  for  bids,  and 
shall  let  the  contract  for  printing  all  ballots  over  which  the  state 
election  board  has  jurisdiction,  and  for  furnishing  the  supplies  herein 
required,  to  the  lowest  and  best  bidder.  Such  advertisement  shall 
appear  in  one  daily  paper  of  the  state  for  three  consecutive  issues. 
Such  notice  need  not  contain  specifications,  but  merely  a  notice 
that  the  board  will  furnish  specifications  to  bidders,  and  such  speci- 
fications shall  be  alike  to  all  bidders.  The  state  printing  depart- 
ment shall  require  a  bond  from  the  successful  bidder  in  a  sum 
double  the  amount  at  which  said  contract  is  let.  Said  bond  shall 
be  taken  in  the  name  of  the  state,  conditioned  upon  the  faithful 
performance  of  said  contract.  The  state  election  board  shall  have 
complete  supervision  and  charge  of  printing  the  ballots  and  furnish- 
ing the  supplies,  and  of  the  distribution  thereof,  after  the  letting  of 
said  contract.  (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  1.  Took  effect  May 
29th,  1908.  C.  L.  1909.  Sec.  3156.) 

Section  32.  County  Supplies — County  Election  Board  to  Contract 
for  Printing. — The  county  election  boards  shall  let  the  contract  for 
printing  the  ballots  within  their  jurisdiction  and  furnish  the  neces- 
sary election  supplies  herein  required,  to  the  lowest  and  best  bidder. 
The  board  will  furnish  specifications  to  bidders,  and  specifications 
shall  be  alike  to  all  bidders.  The  county  election  board  shall  require 
a  bond  from  the  successful  bidder  in  a  sum  flouble  the  amount  at 
which  said  contract  is  let.  Said  bond  shall  be  taken  in  the  name  of 
the  county,  and  conditioned  upon  the  faithful  performance  of  said 
contract.  The  state  election  board  shall  furnish  each  county  board, 
with  a  sufficient  supply  of  blank  affidavits  for  the  use  of  the  printers 
who  have  charge  of  the  county  work,  such  blanks  to  be  the  same  a? 
those  used  for  the  satte  printing,  and  said  affidavits  shall  be  filed 
in  the  office  of  the  county  board.  (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  2. 
Took  effect  May  29th.  1909.  C.  L.  1909,  Sec.  3157.) 

Section  33.  Supplies  for  State  Election  Delivered  to  State  Board. 
—Oath  of  Contractor. — The  ballots  and  other  election  supplies  for 
the  state,  as  herein  mentioned,  shall  be  delivered  to  the  state  election 
board  on  or  before  the  fifteenth  day  preceding  such  election,  and  the 
printer  with  whom  the  contract 'is  made,  or  the  state  printer  if  done 
under  the  supervision  of  such  an  official,  shall,  before  such  delivery 

—33— 


can    be    accepted    by    said    board,    subscribe    to    the    following    oath, 
which  shall  be  placed  on  file  by  the  secretary  of  said  board. 
STATE  OF  OKLAHOMA,  County  of 

I,   ,  under  whose  supervision  the  ballot? 

•,nd  other  printed  supplies  for  the  election  to  be  held  in  said  state 
on ,  191 ,  have  been  printed,  do  sol- 
emnly swear  (or  affirm)  that  I  have  carefully  guarded  said  work 

in  person,  that  no  person  except and  myself  had 

any  part  in  printing  the  same,  that  I  required  no  extra  copies  of 
any  ballot,  tally  sheet,  envelopes,  affidavit,  or  other  papers  to  be 
printed  except-  what  I  have  packed  for  delivery  to  the  state  election 
board.  I  have  required  that  on  the  face  of  each  and  every  sample 
the  word  "Sample  .Ballot"  be  printed  as  required  by  this  Act.  * 
have  not  granted  permission  to  any  person  or  persons  to  have  or 
take  from  my  place  of  business  any  copy  of  any  of  the  forms  of  any 
of  the  supplies,  except  as  just  mentioned;  that  to  my  knowledge  nt5 
spoiled  copies  of  ballots  or  other  supplies  have  been  retailed  by  me, 
or  allowed  to  be  kept  by  any  other  than  said  election  board,  and  to 
the  best  of  my  knowledge  no  wrongful  use  has  been  allowed  with 
any  of  said  supplies. 


Subscribed  and  sworn  to  before  me  on  the  day  and  date  above 
mentioned. 


Notary  Public. 

The  employees  aforesaid   shall   subscribe  to  the  following  oath, 
which  shall  be  filed  with  the  secretary  of  said  board,  viz: 

STATE  OF  OKLAHOMA,  County  of . 

•  We, : ,    employees    who    per- 
formed the  mechanical  work  in  pritning  the  election  supplies  for  the 

election  to  be  held - ,  A.  D.  

hereby  solemnly  swear  that  we  faithfully  performed  our  work,  and 
allowed  no  copies  of  any  such  supplies  to  be  misappropriated;  that 
no  copies  were  printed  by  us  excet  the  ones  that  were  properly 
delivered;  that  all  spoiled  prints  were  destroyed  by  us  and  to  the 
best  of  our  knowledge  and  belief  no  wrongful  use  has  been  allowed 
of  any  of  said  supplies. 


Subscribed   and    sworn   to   before    me   this, 
day  of._  ,  191  . 


The  state  election  board  shall  require  that  all  the  supplies  for 
the  several  voting  precirlcts  be  so  packed  that  there  will  a  bundle 
for  each  precinct,  in  which  shall  be  all  the  ballots,  articles  and 

—34— 


supplies  which  belong  to  such  precinct,  and  when  the  same  shall 
have  been  checked  over  and  found  to  be  correct,  they  shall  be  placed 
in  a  box  or  bag  and  labeled  with  the  names  of  the  county,  township 
or  precinct  to  which  they  belong.  Such  supplies  shall  be  so  packed 
that  they  can  be  easily  inspected  when  delivered  to  the  county 
election  board.  On  or  before  the  twelfth  day  preceding  each  election, 
the  state  election  board  shall,  after  carefully  packing  in  boxes  or 
sacks,  ship  by  express,  the  election  ballots  and  supplies  for  the 
several  precincts  of  the  several  counties  to  the  secretary  of  the 
county  election  board,  notifying  him  how,  when  and  where  said 
supplies  were  sent.  Upon  receipt  of  such  supplies  the  county  board 
shall  immediately  make  a  thorough  inspection  of  the  bundle  for  each 
precinct,  to  'see  that  nothing  has  been  omitted  and  that  the  several 
precincts  have  the  supplies  prescribed  by  this  Act.  Should  there 
be  a  deficiency  in  the  ballots,  printing  material  or  supplies,  or  in 
anything  which  the  state  board  alone  can  supply,  the  county  board 
shall  immediately  notify  said  state  board  of  such  shortage,  and  said 
state  board  shall  proceed  to  promptly  supply  the  missing  material. 
Should  the  missing  supplies  be  such  as  the  county  board  can  pro- 
cure, it  shall  immediately  purchase  the  same  and  supply  the  short- 
age. (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  3.  Took  effect  May  29th,  1908. 
C.  L.  1909,  Sec.  3158.) 

Section  34.  Distribution  of  Supplies. — As  soon  as  the  election 
supplies  are  received  for  a  county,  the  secretary  of  the  county  board 
shall  notify,  in  writing,  the  inspector  of  elections  for  each  precinct 
of  the  fact,  and  shall,  in  such  notice,  inorm  him  that  he  must  appear, 
in  person,  on  the  Thursday,  Friday  or  Saturday  preceding  the  date 
of  the  approaching  election  and  receive  such  supplies.  Said  inspectors 
shall  receive  such  supplies  in  pursuance  to  such  notice,  and  in  the 
presence  of  the  county  board,  or  some  member  of  it,  shall  inspect 
the  contents  of  the  bundle  designated  for  his  precinct,  and  if  it  is 
found  to  contain  the  articles  required  by  this  Act,  he  shall  sign  a 
receipt  therefor,  which  shall  be  kept  on  file  by  the  secretary  or 
such  county  board,  said  receipt  to  be  in  words  as  follows: 

I  have  this  day  received  in  proper  condition,  at  the  hands  of  the 

county  election  board  of county,  the  election 

supplies  for  precinct  number of  

township.  I  pledge  myself  to  deliver  the  same  to  the  election  board 
of  said  precinct  on  the  morning  of  the  election  as  required  by  law. 

This    the    --day   of .A.    D 


Inspector  of  Elections. 

(L.  1907-08,  Ch.  31,  Art.  3,'  Sec.  4.  Took  effect  May  29th,  1908. 
C  .L.  1909,  Sec.  3159.) 

Section  35.  County  Board  to  Send  Out  Supplies,  When. — Should 
any  inspector  of  elections  fail  to  attend  in  person  upon  the  days  men- 
tioned and  receive  the  election  suppplies  for  his  precinct,  it  shall  b» 

—35— 


the  duty  of  the  county  election  board,  on  Monday  before  said  election 
day,  to  select  a  messenger,  who  shall  be  an  elector  of  tne  county, 
and  after  inspecting  said  election  supplies  with  the  Bounty  board 
and  receipting  therefor,  as  an  inspector  is  required  to  do,  said 
county  election  board  shall  deliver  to  him  said  supplies,  and  said 
special  messenger  shall,  in  person,  deliver  same  over  to  some  one 
of  the  precinct  election  board  in  due  time  for  the  election.  (.  i&u?- 
08,  Ch.  31,  Art.  3,  Sec.  5.  Took  effect  May  29th,  1908.  C.  L.  1909, 
Sec.  3160.) 

Section  36.  Election  Board  to  Furnish  Envelopes. — The  state 
election  board  shall  cause  to  be  made  at  the  time  of  the  printing  of 
the  ballots,  three  large  linen  envelopes  for  each  precinct.  They  shall 
be  provided  with  a  gummed  seal  on  the  back.  One  of  them  shall  be 
adjustable  an<J  sufficiently  large  to  hold  all  of  the  ballots  of  the 
precinct.  Across  the  face  of  one  envelope  shall  be  printed  in  bold 
face  type,  the  words  "Voted  Ballots,"  "Tally  Sheets"  and  "Stub  Book 
of  "Ballots."  One  shall  have  printed  across  its  face  the  word 
"Returns."  The  other  envelope  shall  be  sufficiently  large  to  hold 
all  challenged  and  mutilated  ballots,  and  shall  have  printed  in  bold 
type  across  its  face,  these  words,  "Challenged  Ballots,"  and  such 
envelopes  shall  have  printed  thereon: 

Precinct,  Township, 

(L.  1911,  H.  B.  27,  Sec.  9.  Took  effect  March  18,  1911.) 

Section  37.  State  and  County  Boards  to  Have  Official  Seals — 
Keep  Records. — The  state  and  county  election  boards  shall  have 
official  seals,  which  seals  shall  be  affixed  to  all  certificates  of  nom- 
ination or  other  official  acts  of  said  boards.  They  shall  keep  a 
record  of  all  their  acts  and  proceedings  in  a  book  to  be  provided  for 
that  purpose,  and  such  shall  be  public  records.  (L.  1907-08,  Ch.  31, 
Art.  3,  Sec.  7.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3162.) 

Section  38  State  Board  to  Furnish  Election  Seal. — The  state 
election  board  shall  have  one  election  seal  or  stamp  made  for  each 
precinct  of  the  state.  It  shall  be  for  the  purpose  of  making  imprints 
in  wax,  as  required,  and  such  stamp  or  seal  shall  bear  a  five  point 
point  star,  made  of  alumnium  or  other  suitable  substance,  with  the 
points  resting  on  the  outer  rim,  and  in  the  center  of  the  star  shall 
be  the  figures  "46."  The  fact  of  such  stamp  or  seal  shall  be  one- 
half  inch  in  diameter.  One  of  such  seals  shall  be  placed  in  each 
bundle  of  supplies,  and  a  sufficient  supply  of  extra  stamps  shall  be 
sent  to  the  secretary  of  the  county  election  board,  from  which  to 
furnish  one  to  any  precinct  election  board,  should  the  stamp  orig- 
inally provided  be  lost  or  destroyed.  (L.  1907-08,  Ch.  31,  Art.  3, 
Sec.  8.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3163.) 

Section  39.  Inspector  to  Examine  Election  Paraphernalia. — It 
shall  be  the  duty  of  the  inspector  of  the  precinct  election  board  to, 
in  due  time  preceding  each  election,  investigate  the  election  para- 
nhernalia  on  hand  in  his  precinct,  such  as  boxes,  locks,  keys,  wire 

-36— 


or  rope  foi  enclosing  the  election,  and  any  other  necessary  sup* 
plies,  and  if  any  such  supplies  are  missing,  he  shall  report  the  same 
to  the  county  election  board,  and  said  board  shall  supply  the  neces- 
sary material  and  have  same  ready  for  the  inspector  when  he  reports 
for  the  ballots  and  other  supplies.  Election  boards,  shall  have  full 
authority,  within  their  jurisdiction,  to  contract  for  all  necessary 
supplies,  and  ballots,  and  to  certify  to  all  accounts  incurred  there- 
for, county  boards  shall  certify  the  time  and  compensation  due  by 
law  to  members  of  election  boards  and  official  counters,"  to  the 
board  of  county  commissioners  of  such  county,  who  shall  audit  and 
allow  said  account  to  the  persons  entitled  thereto,  and  issue  war- 
rants of  the  county  ot  pay  the  same  out  of  the  county  treasury.  The 
secretary  of  the  state  election  board  shall,  from  time  to  time,  certify 
to  the  auditor  of  the  state  all  the  necessary  expenses  incurred  in 
conducing  general  elections.,  special  elections  and  primary  elections, 
and  the  auditor  shall  issue  his  warrant  for  same,  which  shall  be 
paid  out  of  any  moneys  in  the  state  treasury  not  otherwise  appro- 
priated. (L,.  1911,  H.  B.  27,  Sec.  10.  Took  effect  March  18,  1911.) 

Section  40.  County  Election  Board  to  Arrange  Voting  Place. — It 
shall  be  the  duty  of  the  county  election  board  in  each  county,  before 
each  election,  to  provide  for  and  secure  in  each  precinet  of  th^, 
county  a  suitable  room  in  which  to  hold  the  election,  and  shall  have 
placed  therein  a  railing  separating  a  part  of  the  room  to  be  occupied 
by  the  election  board  from  the  remainder  of  the  room,  and  at  least 
two,  and  not  exceeding  five,  booths  or  compartments,  in  which  the 
electors,  screened  from  observation,  shall  mark  their  ballots.  Each 
booth  shall  contain  a  counter  or  shelf.  The  booths  shall  be  so  ar- 
ranged and  constructed  that  all  the  members  of  the  election  board 
can  see  whether  or  not  more  than  one  voter  is  in  such  bootn  at  an> 
one  time.  The  board  shall  provide  for  each  precinct  a  chute  or 
passage  with  a  railing,  rope  or  wire  on  each  cide,  commencing  fifty 
feet  away  and  leading  to  the  polling  place.  (L.  1907-08,  Ch.-31,  Art. 
3,  Sec.  10.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3165.) 

Section  41.  Sample  Ballots  and  Tally  Sheets  Provided  by 
County  Board. — The  county  board  shall  cause  to  be  printed,  for  both 
primary  and  general  elections,  as  many  sample  ballots  of  all  county 
ballots,  for  the  several  precincts  as  is  required  of  the  state  election 
board,  and  same  shall  be  delivered  as  hereinbfore  provided  in  trie 
case  of  state  ballots.  Said  county  board  shall  also  cause  to  be 
printed  a  proper  supply  of  tally  sheets,  corresponding  with  the 
county  ballots,  and  all  the  rules  and  regulations  mentioned  in  this 
Act,  governing  the  state  board  in  preparing,  printing  and  delivering 
the  state  ballots  and  supplies,  shall  apply  to  and  shall  be  observed 
by  said  county  board  in  its  performance  of  live  service  wherever 
and  whenever  such  rules  and  regulations  are  applicable.  (L.  1907-08, 
Sec.  3166.) 

—37— 


Section  42.  Needles  and  Twine  to  Be  Furnished  by  County 
Board. — The  county  election  board  shall  provide  for  each  precinct 
four  large  needles  with  a  sufficient  quantity  of  heavy  twine  upon 
which  to  thread  all  the  ballots  cast,  those  of  each  political  party  to 
be  strung  by  themselves.  (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  12.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3167. 

Section  43.  Ink  ads  and  Rubber  Stencils  to  Be  Furnished  by 
County  Boards. — The  county  election  board  shall  provide  for  each 
precinct  not  less  than  four  ink  pads,  and  more  if  the  size  of  the 
vote  would  indicate  their  need,  and  for  each  they  shall  provide  two 
rubber  stencils  for  stamping  an  X  upon  the  ballots.  (L.  1907-08,  Ch. 
31,  Art.  3,  Sec.  13.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3168.) 
Section  44.  Sealing  Wax — Pens — Pen  Stocks  and  Ink — Furnished 
by  County  Board. — The  county  election  board  shall  provide  for  each 
precinct  one  stick  of  sealing  wax,  one-half  dozen  writing  pens  and 
four  pen  stocks  and  four  lead  pencils,  also  one  small  bottle  of  ink. 
(L.  1907-08,  Ch.  31,  Art.  3,  Sec.  14.  Took  effect  May  29th,  1908. 
C.  L.  1909,  Sec.  3169.) 

Section  45.  Ballot  Boxes — To  Be  of  Zinc — Size,  Etc. — All  ballot 
boxes  used  at  the  last  general  election  may  be  used  in  all  elections 
hereafter,  and  as  it  becomes  necessary  to  construct  new  ballot  boxes, 
such  work  shall  be  under  the  direct  supervision  of  the  county  elec- 
tion board,  such  boxes  shall  be  constructed  of  zinc,  and  shall  be 
fifteen  inches  by  fifteen  inches  by  eighteen  inches  in  dimensions.  One 
end  of  each  box  shall  have  a  hood  or  lid  of  like  material  fitted  to  it. 
This  lid  shall  have  a  small  slit  or  opening  in  its  center,  six  inches 
long  and  one-fourth  of  an  inch  wide.  The  locks  shall  be  spring  locks, 
so  different  in  pattern  that;  the  keys  of  one  will  not  unlock  the 
other.  (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  15.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3170.) 

Section  46.  Official  Ballot — Candidates'  Names  Thereon. — It 
shall  be  the  duty  of  the  state  election  board  to  provide  space  upon  the 
official  ballot  for  each  candidate  nominated  by  petition,  and  to  see 
that  their  names  are  printed  thereon,  under  the  device  and  title 
designated  by  their  respective  petitions,  but  in  no  case  shall  a  name 
be  printed  unless  the  petition  therefor  conforms  to  the  provisions  of 
the  primary  election  law.  (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  17.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3171.) 

Section  47.  Copy  of  Election  Law — Sent  to  Each  Precinct — With 
Election  Supplies. — The  state  election  board  shall  cause  a  pamphlet 
copy  of  the  election  laws  of  the  state  to  be  sent  with  the  election 
supplies  for  each  precinct.  (L.  1907-08,  Ch.  31,  Art.  3,  Sec.  17.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3172.) 

ARTICLE  IV. 

PRINTING    AND    FORM    OF    BALLOT 

Section  48.  Make  Up  Ballots— Advertising  for  Bids.— The  state 
election  board  shall  cause  proper  copy  to  be  prepared,  on  or  before 

—38— 


the  first  day  of  September,  succeeding  each  primary  election,  from 
which  shall  be  printed  the  state  election  ballots  for  each  precinct 
of  each  county.  Likewise  shall  the  county  election  board,  on  or 
before  said  date,  cause  to  be  made  proper  copy  from  which  shall  be 
printed  the  county  ballots  for  each  precinct.  Such  official  copy  shall 
contain,  properly  grouped,  under  the  name  of  the  office  for  which 
they  are  candidates,  the  names  of  all  nominees  of  the  several  political 
parties,  as  well  as  all  non-partisan  candidates.  The  state  printer 
shall,  between  the  first  and  tenth  day  of  September  of  such  yeara 
cause  the  legal  notice  advertising,  for  bids  for  printing  the  state 
ballots  to  be  insreted  in  a  daily  newspaper  as  required  in  Article 
3  of  this  Act,  and  during  said  period  the  county  election  board  shall 
cause  to  be  done  the  advertising  required  of  It  in  regard  to  the 
county  ballots  by  said  article.  (L.  1907-08,  Ch.  31,  Art.  4,  Sec.  1. 
Took  effect  May  20th,  1908.  C.  L.  1909,  Sec.  3181.) 

Section  49.  Time  and  Manner  of  Contract  for  Printing  Ballots. — 
All  contracts  for  printing  ballots  for  use  in.  general  elections  siiall 
be  entered  into,  and  the  official  copy  shall  be  delivered  to  the  con- 
tracting printer  by  the  first  day  of  October  of  such  year.  All  state 
ballots  for  a  precinct  shall  be  bound  in  a  book  by  themselves/  Each 
book  shall  bear  upon  the  outside  of  the  front  cover  a  pasted  slip 
showing  the  name  of  the  county  and  township  and  number  of  the 
precinct  to  which  it  belongs.  The  covers  of  such  books  shall  be 
ordinary  pasteboard  and  the  binding  shall  be  with  paste  and  staples 
or  thread.  In  both  state  and  county  ballots  there  shall  be  printed 
and  bound  one  ballot  for  each  registered  voter:  Provided,  that  in 
precincts  where  registration  is  not  required  there  shall  be  one  ballot 
for  each  voter  reckoned  upon,  the  number  of  ballots  cast  at  the  last 
general  state  election  and  an  additional  number  equal  to  one-third 
of  such  ballots.  (L.  1907-08,  Ch.  31,  Art.  4,  Sec.  2.  Took  effect  May 
29th,  1908.  C.  L.  1909,  Sec.  3182.) 

Section  50.  State  Ballot  Delivered  to  State  Board — When — 
County  Board — When. — All  state  ballots  shall  be  printed,  bound  and 
delivered  to  the  state  election  board  on  or  before  the  eighteenth  day 
of  October,  and  said  state  election  board  shall  ship,  as  provided  in 
Article  3,  said  ballots  to  the  secretary  of  the  several  county  boards 
not  later  than  the  twenty-second  day  of  the  said  month.  All  county 
ballots  shall  be  printed,  bound  and  delivered  to  the  county  election 
board  not  later  than  said  twenty-second  day  of  October.  (L.  1907-08, 
Ch.  31,  Art.  4,  Sec.  3.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3183.) 

Section  51.  Arrangement  of  Ballots. — The  official  ballot  for  the 
general  election  shall  be  arranged  and  printed  so  that  the  candidates 
or  nominees  of  the  various  political  parties  will  appear  in  columns, 
a  column  being  given  to  the  nominees  of  each  party.  The  candidates 
of  the  Democratic  party  shall  be  printed  in  the  first  column,  those 
^f  the  Republican  party  in  the  second,  .column,  and  those  of  other 

—39-, 


parties  as  the  state  election  board  may  direct,  giving  preference  to 
the  party  which  polled  the  largest  vote  at  the  last  general  election. 
(L.  1907-08,  Ch.  31,  Art.  4,  Sec.  4.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3184.) 

Section  52.  Each  Political  Party  to  Select  Emblem  or  Device. — 
Each  party  shall  have  the  right  to  select  an  emblem  or  device  to  be 
used  in  designating  its  candidates  upon  the  ballot:  Provided,  how- 
ever, that  no  party  shall  be  allowed  to  use  the  coat  of  arms  or  seal 
of  this  state  or  of  the  United  States,  the  national  flag,  or  any  em- 
blem common  to  the  people  at  large.  Until  changed  by  resolution  of 
a  political  party,  in  state  convention,  or  through  its.  state  central 
committee,  the  emblem  of  the  Democratic  party  shall  be  the  picture 
of  a  rooster,  and  that  of  the  Republican  party  the  picture  of  an 
eagle,  and  that  of  the  Socialist  party  the  picture  of  an  open  hand. 
(L.  1907-08,  Ch..  31,  Art.  4,  Sec.  5.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3185.) 

Section  53.  Party  Name  on  Ballot. — At  the  top  of  the  column 
shall  appear  the  name  of  the  party,  as  "Democratic,"  "Republican," 
"Socialistic,"  and  without  any  line  between  shall  next  appear  the 
device,  and  further,  without  any  dividing  line,  shall  next  appear  a 
circle  at  least  one-half  inch  in  diameter.  Underneath  these  circles 
shall  be  a  line,  extending  entirely  across  the  ticket.  The  name  of 
the  office  entitled  to  the  first  place  in  the  column,  preceded  by  the 
word  "for"  shall  next  appear  in  bold  type,  like  this,  "For  Governor." 
Immediately  after  this  shall  be  the  name  of  the  party's  nominee  for 
such  office,  preceded  by  a  square,  one-fourth  of  an  inch  in  si^e.  The 
initial  of  the 'first  letter  of  a  name  of  a  candidate  shall  have  only 
the  space  of  any  "em"  between  it  and  this  square,  and  there  shall 
be  no  line  between  'the  name  of  an  office  and  that  of  such  candi- 
date; but  shall  be  a  line  following  the  name  of  a  candidate  and  the 
name  of  the  next  office  in  order  down  the  column.  In  this  manner, 
framing  the  officers  in  the  order  in  which  they  are  set  out  by  the 
Constitution  and  statute,  the  list  shall  be  continued  down  each  column 
until  all  the  nominees  are  given  space.  No  party's  list  of  candidates 
shall  occupy  more  than  one  column,  and  the  columns  shull  be  set 
off  with  well  defined  lines.  (L.  1907-08,  Ch.  31,  Art.  4,  Sec.  6.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3186.) 

Section  54.  Ballot  Stub — Form. — The  ballots  shall  be  printed 
with  a  stub  so  perforated  that  the  ballot  will  be  easily  detached  there- 
from. Upon  the  stub  shall  be  printed,  after  the  space  for  the  name 
and  address  of  the  voter,  included  a  blank  for  the  street  number  for 
those  living  in  towns,  these  words.  "If  a  voter  is  challenged  the  clerk 

shall  write  'challenged'  in  this  space "  leaving  sufficient 

space  for  the  word.  Also  these  words,  "If  voter  subscribes  to  an  affi- 
davit the  clerk  shall  write  'sworn'  in  this  space "  leaving 

sufficient  space  for  the  word.  Then  shall  follow  these  words,  "If 
for  any  reason,  the  ballot  is  spoiled  or  not  voted,  the  clerk  shall 

—40— 


write   'spoiled'  in  this  space "  leaving  sufficient  space 

for  the  word.  At  the  upper  right  hand  corner  of  the  stub  of  each 
ballot,  and  at  the  adjacent  corner  of  the  ballot,  shall  be  printed  or 
stamped,  by  a  consecutive  numbering  machine,  the  number  of  said 
stub  and  ballot.  The  stub  shall  bear  the  same  name  as  tne  ballot, 
and  such  numbering  shall  begin  with  number  "1"  in  each  precinct 
and  continue  in  consecutive  order  until  each  ballot  and  stub  for  that 
precinct  is  numbered.  The  corner  of  the  ballot  on  which  said  num- 
ber appears  shall  be  so  perforated  that  it  will  be  easily  detached. 
All  ballots  for  general  elections  shall  be  upon  white  paper  of  such 
thickness  as  will  render  it  impossible  to  look  at  the  back  of  a  ballot 
and  tell  for  whom  it  is  voted.  Sample  ballots  shall  be  upon  thin, 
cheap  yellow  paper.  (L.  1907-08,  Ch.  31,  Art.  4,  Sec.  7.  Took  effect 
May  29th,  1908.  C.  L.  1909,  Sec.  3187.) 

Section  55.     Form  of  Ballot. — The  makeup  of  a  ballot  for  a  gen- 
eral election  shall  be  as  nearly  in  conformity  with  the  following  as 
possible.     The  columns  may  be  made  to  extend  in  an  opposite  direc- 
tion to  this  diagram,  with  the  head  of  the  columns  being  upon  the 
perforation  dividing  the  ballot  from  the  stub,  rather  than  as  shown 
in  the  accompanying  form,  provided  the  size  of  the  ballot  renders  such 
arrangement   desirable.      (L.   1907-08,    Ch.   31,   Art.   4,   Sec.   8.     Took 
effect  May  29th,  1908.     C.  L.  1909,  Sec.  3188.) 
FORM  OF  BALLOT. 
NEVER  DETACH  THIS  NUMBER  FROM  THE   STUB.     No 

Name Address    

Street If  the  voter  is  challenged,  the  clerk 

shall  write  "Challenged  in  this  space If  the  voter  is 

sworn,  the  clerk  shall   write  "Sworn"  in  this  space 

If  for  any  reason  the  ballot  is  spoiled  or  not  voted,  the  clerk  shall 
write  "Spoiled"  in  this  space 

WHEN  VOTER  RETURNS  BALLOT  DETACH   THIS   NUMBER 
No... 


DEMOCRATIC 

REPUBLICAN 

SOCIALIST 

(Emblem) 

(Emblem) 

(Emblem) 

O 

O 

O 

For  Governor 

For   Governor 

For  Governor 

Name 

Name 

Name 

Section  56.     Certificate  of  Vote  Cast. — There  shall  be  printed  and 
bound  in  each  precinct  book  of  ballots  and  immediately  following  the 


—-41— 


ballots,  a  certificate  upon  which  is  printed  a  correct  list  of  all  the 
offices  to  which  candidates  are  aspiring,  as  shown  by  the  ballots  con- 
tained in  that  book,  with  the  names  of  the  various  candidates  there- 
for, grouped  under  the  name  of  the  office.  In  a  separate  column,  and 
just  opposite  each  name,  shall  be  the  name  of  the  political  party 
nominating  such  candidate.  Following  this  shall  be  a  column  of  suf- 
ficient width  to  write  in  words,  the  total  number  of  votes  said  can- 
didate received  at  that  precinct.  Just  preceding  this  tabulation  of 
names,  as  just  provided  for,  shall  be  printed  the  following,  viz: 

•"We,  the  undersigned  official  counters  for  the  election  held  at 

Precinct  number of township  of 

county,  on  November 191 ,  hereby  certify  that  the 

correct  number  of  votes  received  at  said  precinct  by  the  various  can- 
didates voted  for  is  set  forth  below  in  written  words.  The  votes  for 
each  candidate  being  recorded  in  a  column  set  opposite  his  name,  as 
follows : 

(Here  shall  follow  the  tabulation  of  the  various  groups  of  candi- 
dates' names,  with  the  name  of  their  respective  office  preceding  the 
several  groups.)  After  the  tabulation  of  candidates'  names  shall  be 
printed  proper  statements  showing  the  number  of  ballots  spoiled, 
recording  the  consecutive  number  thereof,  also  a  statement  that  the 
official  counters  have  counted  the  unused  ballots,  certifying  to  the 
number  of  same,  also  showing  the  consecutive  number  of  said  unused 
ballots,  by  giving  the  number  of  the  first  one  and  the  last  one,  and 
stating  that  they  are  included  in  the  number.  After  this  shall  follow 
the  signature  of  the  official  counters,  who  shall  swear  to  the  correct- 
ness of  such  certificate,  and  such  oath  may  be  attested  by  either  of 
the  members  of  the  precinct  election  board.  Proper  blanks  shall  be 
printed  for  such  attestation.  (L.  1907-08,  Ch.  31,  Art.  4,  Sec.  9.  Took 
effect  May  29th,  1908,  C.  L.  1909,  Sec.  3189.) 

Section  57.  County  Board  to  Have  Proper  Notice. — The  precinct 
inspector  shall,  after  proper  notice  from  the  secretary  of  the  county 
election  board,  apply  for  and  receive  said  supplies  from  the  county 
election  board,  on  the  last  Thursday,  Friday  or  Saturday  preceding 
the  first  Tuesday  after  the  first  Monday  in  November,  and  should  he 
fail,  a  special  messenger  shall  be  dispatched  on  the  day  preceding  the 
said  first  Tuesday  after  the  first  Monday  in  November,  with  said  sup- 
plies as  is  provided  in  case  of  primary  elections.  (L.  1907-08,  Ch.  31, 
Art.  4,  Sec.  10.  Took  effect  May  29th,  1909,  Sec.  3190.) 

Section  58.  Refusal  of  Nominee  to  Run  as  Nominee  of  Party. — 
Should  any  nominee  of  a  political  party  from  any  cause  decline  to  run 
as  the  party  nominee,  after  a  nomination  has  been  made  as  herein 
provided,  such  nominee,  if  living,  shall,  in  writing,  duly  acknowldeged 
before  a  notary  public,  notify  the  election  board  or  officer  with  whom 
was*  filed  the  nominating  petition  of  his  candidacy,  that  he  will  no 
longer  be  a  candidate.  Should  he  be  dead  or  removed  from  the  juris- 
diction, or  should  he  refuse  to  file  such  notice,  then  the  chairman 

—42— 


or  secretary  of  the  political  party  of  which  he  was  the  nominee,  can 
file  with  the  proper  election  board  or  officer  their  affidavit  stating  the 
facts,  and  if  such  election  board  finds  a  vacancy  to  exist,  after  a 
nomination  and  before  the  printing  of  the  official  ballot  for  the  gen- 
eral election,  the  central  committee  of  the  political  party  affected, 
and  for  the  jurisdiction  in  which  the  nominee  was  a  candidate.-may. 
in  writing,  nominate  a  substitute  candidate:  Provided,  it  is  in  time 
to  not  delay  the  printing  of  the  official  ballots,  the  name  of  such  sub- 
stitute nominee  shall  be  placed  upon  the  official  ballots.  Should  the 
vacancy  occur  when  it  is  too  late  to  permit  the  name  of  the  sub- 
stitute nominee  to  be  printed  upon  the  ballots,  the  election  board  in 
and  for  the  territory  affected  by  the  change  shall  have  the  name  of 
the  substitute  candidate  printed  upon  as  many  stickers  or  gummed 
labels  as  there  were  ballots  printed  for  each  precinct  in  said  jurisdic- 
tion. Said  stickers  shall  be  of  only  such  size  as  will  cover  one  name 
upon  the  ballot,  and  said  stickers  shall  be  forwarded  through  the 
proper  election  boards  to  the  precinct  inspector,  and  he  shall  deliver 
them  at  the  voting  place  with  the  other  supplies.  One  of  the  stickers 
shall  be  pasted  by  the  election  officers  over  the  name  for  which  it  la 
a  substitute  on  all  ballots  used.  When  a  name  is  so  pasted  upon  a 
voted  ballot  it  shall  have  the  same  effect  as  if  originally  printed  on 
the  ballot.  (L.  1907-08,  Ch.  31,  Art.  4,  Sec.  11.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3191.) 

Section  59.  Duty  of  County  Election  Board,  Relative  to  Official 
Returns. — It  is  hereby  made  the  duty  of  the  county  election  board  to 
convene  at  the  county  court  house  by  or  before  five  o'clock  p.  m. 
upon  the  day  of  each  election,  for  the  purpose  of  receiving  the  official 
returns,  and  they  shall  remain  in  session  until  eleven  o'clock  on  said 
evening,  and  shall  reconvene  upon  the  next  succeeding  day  at  eight 
o'clock  a.  m.,  and  so  remain  in  session  until  said  returns  are  all  de- 
livered. They  shall  list  the  result  of  such  election  as  they  are  deliv- 
ered, upon  the  books  prepared  for  that  purpose  by  the  state  board, 
and  when  the  result  in  both  state  and  county  contests  have  all  been 
recorded  from  the  counters'  certificates,  said  board  shall  issue  certifi- 
cates of  election  to  all  county  candidates,  and  shall  certify  the  result 
in  each  state  contest  to  the  state  board,  and  such  certificates, 
when  properly  certified  to,  shall  be  prima  facie  evidence  of 
the  correctness  of  the  result  in  the  several  counties.  The  state  board 
shall,  when  all  county  boards  have  reported  hereundr  issue  certifi- 
cates of  election  to  the  candidates  for  all  offices  over  which  the 
county  board  has  no  jurisdiction.  The  said  state  board  shall  keep  a 
detailed  record  of  the  result  by  counties  as  certified  to  it.  (L.  1907-08, 
Ch.  31,  Art.  4,  Sec.  12.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3192.) 

,  ARTICLE  V. 

ELECTORS. 

Section  60.     Who  Are   Qualified    Electors. — TJ^e  qualified  electors 

—43— 


of  the  state  shall  be  male  citizens  of  the  United  States,  male  citizns 
of  the  state,  and  male  persons  of  Indian  descent,  natives  of  the  United 
States  who  are  over  the  age  of  twenty-one  years  who  have  resided  in 
the  state  one  year,  in  the  county  six  months,  and  in  the  election  pre- 
cinct thirty  days  next  preceding  the  election  at  which  any  elector 
offers  to  vote:  Provided,  that  no  person  adjudged  guilty  of  a  felony 
after  the  adoption  of  the  Constitution  of  this  state,  subject  to  such 
exceptions  as  the  Legislature  may  prescribe,  unless  his  citizenship 
shall  have  been  restored  in  the  manner  provided  by  law;  nor  any 
person  while  kept  in  a  poor  house  or  asylum  at  the  public  expense, 
except  Federal  and  Confederate  ex-soldiers;  nor  by  any  person  in  the 
public  prison,  nor  any  idiot  or  lunatic,  nor  shall  any  person  be  allowed 
to  vote  in  any  election  held  herein,  unless  he  is  able  to  read  and 
write  any  section  of  the  Constitution  of  the  state  of  Oklahoma,  but 
no  person  who  was,  on  January  first,  1866,  or  any  time  prior  thereto, 
entitled  to  vote  under  any  form  of  government,  or  who  at  that  time 
resided  in  some  foreign  nation,  and  no  lineal  descendant  of  such  per- 
son, shall  be  denied  the  right  to  vote  because  of  his  inability  to  so  read 
and  write  a  section  of  such  Constitution.  (L.  1911,  H.  B.  27,  Sec.  12. 
Took  effect  March  18,  1911.) 

Section  61.  U.  S.  Soldiers'  Residence  Not  Altered. — For  the  pur- 
pose of  voting  no  member  of  the  regular  army  or  navy  of  the  United 
States  shall  gain  a  residence  in  this  state  nor  shall  any  person  lose  a 
residence  in  this  state  while  absent  from  the  state  in  the  military  or 
naval  service  of  the  United  States.  '  (L.  1907-08,  Ch.  31,  Art.  5,  Sec.  2. 
Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3194.) 

Section  62.  Challenge  of  Voter. — Any  elector  shall,  upon  present- 
ing himself  to  vote,  announce  to  the  clerk  of  the  election,  his  name, 
town,  or  if  a  city  of  the  first  class  give  his  street  number.  Any  elec- 
tion inspector  or  challenger  may  challenge  the  right  of  any  person  to 
vote,  and  if  a  person  be  challneged  on  the  ground  that  he  is  not  able 
to  read  and  write  any  section  of  the  Constitution,  and  was  not  a  legal 
voter  under  any  form  of-  government  on  January  1st,  1866,  or  one 
whose  ancestor  was  not  a  legal  voter  on  said  date,  before  being  per- 
mitted to  make  the  affidavit  required  below,  he  shall  be  required  to 
read  and  write  any  section  of  the  Constitution.  No  person  challenged 
shall  be  permitted  to  vote  unless  he  make  an  affidavit  in  writing  that 
he  is  a  qualified  and  legal  voter  of  the  precinct,  also  his  name,  resi- 
dence, occupation,  place  or  places  of  residence  during  the  six  months 
prior  to  the  election,  with  the  date  of  any  removal  within  tnat  time, 
and  names  of  two  persons  who  have  personal  knowledge  of  his  resi- 
dence in  the  precinct  thirty  days,  and  the  county  six  months  and  in 
the  state  one  year.  He  shall  then  be  allowed  to  vote  unless  the 
election  inspector  or  challenger,  make  affidavit  in  writing  that  ht 
knows,  or  is  informed  and  verily  believes  that  the  person  Coffering 
to  vote  shall  not  thereafter  be  allowed  to  vote  unless  one  qualified 
elector,  of  the  precinct,  who  has  been  a  freeholder  and  householder 

—44— 


in  the  precinct  for  at  least  one  year  next  preceding  such  election, 
shall  make  affidavit  in  writing  that  he  has  personal  knowledge  of 
such  person  offering  to  vote  being  a  legal  voter  at  the  precinct: 

Provided,  however,  not  more  than  two  challenged  voters  shall  re- 
main inside  of  the  polls  at  one  time,  but  upon  being  challenged  -upon 
any  grounds,  such  voter  shall  return  outside  of  the  polls  and  re=entet 
in  the  order  in  which  he  was  challenged,  for  the  purpose  of  being 
tested  as  to  qualifications.  The  affidavit  of  the  challenged  pel-sort 
shall  be  in  the  following  form: 
STATE  OF  OKLAHOMA,  County  of ,  ss: 

I  do  solemnly  swear  (or  affirm)  (1)  I  am  a  male  citizen  of  the 
United  States.  (2)  I  am  a  native  of  the  United  States.  (3),  I  have 
for  more  than  thirty  days  last  past  resided  in  the  precinct  in  which 
I  am  now  offering  to  vote,  and  that  I  am  now  a  bona  fide  resident 
of  this  precinct.  (4)  I  have  resided  for  more  than  six  months  last 
past  in  the  county  in  which  I  am  now  offering  to  vote.  (5)  I  have 
resided  for  more  than  one  year,  last  past,  in  the  state  of  Oklahoma. 
(6)  I  am  over  the  age  of  21  years.  (7)  I  am  not  deprived  oi  any 
rights  of  citizenship  by  virtue  of  any  conviction  of  a  felony.  (8)  I 
am  not  now  being  kept  in  a  poor  house,  or  other  asylum  at  public 
expense.  (9)  I  am  not  now  kept  in  a  public  prison.  (10)  I  am  not  a 
lunatic.  (11)  I  am  not  an  officer  or  soldier  in  the  regular  army,  or 
a  marine  in  the  navy  of  the  United  States.  (12)  I  know  no  reason 
why  I  am  not  entitled  to  vote.  (13)  I  am  generally  known  by  the 

name  under  which  I  now  desire  to  vote,  which  is 

(14)  I  have  not  voted  and  will  not  vote 

in  any  other  precinct  in  this  election.     (15)  My  occupation  is 

(16)   My  residence  is (If  in  city 

or  town  give  street  number).      (17)    During  the   last   six   months,   I 

have  resided  at (18)  I  have  moved  from 

to of   the   following   date. 

(19)  That and have  personal  knowl- 
edge of  my  residence  in  the  precinct  thirty  days  and  in  the  county 
six  months,  and  the  state  one-  year. 

Subscribed  and  sworn  to  before  me  this day 

of-.  __19__ 


The  inspector  shall  file  such  affidavit  and  safely  keep  the  same 
until  it  is  delivered  as  hereinafter  provided,  to  the  county  election 
board. 

The  other  affidavits  herein  referred  to  shall  be  in  the  following 
form: 

STATE  OF  OKLAHOMA,  County  of ,  ss: 

I  swear  that  I  know,  or  am  informed  and  believe  that 

now  offering  to  vote,  is  not  a  legal  voter  in  this 

precinct. 


Subscribed  and   sworn  to  before  me  this day 

of--  __19__ 


STATE  OF  OKLAHOMA,  County  of ,  ss: 

I  do  solemnly  swear  (or  affirm)  that  I  am  a  quallped  elector  oc 
this  precinct;  that  I  have  been  a  freeholder  and  householder  in  this 

precinct  for  one  year  next  preceding  this  election;  that 

who  now  desires  to  vote  'has  resided  in  this  state  for  one  year  im- 
mediately preceding  this  election;  that  he  has  resided  in  this  county 

six  months  and  in  this  precinct  thirty  days,  at 

that  he  is  now  a  bona  fide  resident  of  this  precinct  and  a  legal  voter 
therein.  These  facts  I  know  of  my  own  personal  knowledge. 

Subscribed  and  sworn  to  before  me  this day 

of..  __19__ 


Should  the  person  challenged  not  be  a  native  of  the  United  States, 
unleas  he  be  of  Indian  descent,  he  may  strike  out  the  avowal  number 
"2"  in  the  affidavit  to  be  by  him  subscribed.  If  he  be  not  of  Indian 
descent,  he  must  be  a  native  of  the  United  States  to  be  entitled  to 
vote.  Should  the  person  challenged  be,  at  the  time  confined  in  a  poor 
house,  or  other  asylum  at  public  expense,  he  may  still  be  entitled  to 
subscribe  to  said  affidavit  and  vote,  provided  he  will  strike  out  of 
avowal  number  "8"  as  arranged  herein,  the  word  "not"  and  add  at  the 
close  of  such  avowal,  with  pen  and  ink  the  words,  "As  a  soldier  of 
the  war  of  1861-65  between  the  states."  Should  the  person  challenged 
be  an  officer  in  the  regular  army  or  a  marine  in  the  navy  of  the 
United  States,  enlisted  from  this  state,  he  may  strike  out  the  word 
"not"  in  avowal  number  "11,"  and  add  at  the  close  of  the  avowal 
the  words,  "But  I  enlisted  from  this  state,"  and  strike  out  the  avowal 
number  "18"  in  case  he  has  not  removed  as  therein  provided.  The 
foregoing  instructions,  following  the  above  jurat,  shall  be  printed 
upon  the  affidavit  in  bold  type,  and  immediately  following  the  jura! 
with  an  index  hand  at  the  beginning  of  each  paragraph.  When  such 
affidavits  have  been  signed  and  sworn  to,  the  clerk  shall  provide  the 
elector  with  a  ballot.  The  precinct  inspector  is  hereby  empowered 
to  administer  all  oaths  required  by  this  act  and  all  affidavits  touching 
the  qualifications,  of  an  elector  required  by  this  act  shall  be  sub- 
scribed and  sworn  to  before  said  precinct  inspector.  (L.  1911,  H.  B. 
2?,  Sec.  13.  Took  effect  March  18th,  1911.) 

ARTICLE  VI. 
CONDUCTING    ELECTIONS. 

Section  63.  Election  to  Open  and  Close — When.  —  All  elections 
shall  be  opened  in  the  forenoon  at  the  hour  of  eight  o'clock,  and  shall 
be  kept  open,  continuously,  until  the  hour  of  six  o'clock  in  the  after- 
noon: Provided,  that  in  cities  of  the  first  class  the  polls  shall  be 
opened  at  six  in  the  forenoon,  and  shall  be  kept  continuously  open 

—46— 


until  the  hour  of  seven  o'clock  in  the  afternoon.  Ten  minutes  before 
the  hour  of  closing  the  polls,  the  inspector  of  elections^ shall  make"  a 
public  proclamation,  in  a  loud  and  distinct  voice,  to  the  people  outside 
the  election  enclosure  that  in  ten  minutes  the  polls  will  close.  When 
the  time  arrives  for  the  closing  of  the  polls,  said  inspector  shall  make 
the  proclamation,  in  a  loud  and  distinct  voice,  to  the  said  peopleJLhat 
the  polls  are  closed  and  the  clerk  shall  enter  a  minute  of  such  last 
proclamation  upon  the  poll  list,  and  no  other  ballot  shall  be  received 
or  deposited  after  the  entry  of  such  minute.  (L.  1907-08,  Ch.  31,  Art. 
6,  Sec.  1.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3196.) 

Section  64.  Exposure  of  Boxes  Prior  to  Opening  Ballots. — When 
all  else  is  in  readiness  for  the  opening  of  the  polls,  the  inspector  shall 
open  the  ballot  boxes  and  in  view  of  the  other  election  officers  and 
spectators  shall  turn  all  of  them  top  down,  to  show  that  no  ballots 
are  contained  therein,  and  then  lock  the  boxes  and  hand  the  key  to 
one  lock  to  the  judge  and  the  key  to  the  other  lock  to  the  clerk: 
Provided,  they  are  of  different  political  parties.  If  they  are  not  of 
diffreent  political  parties  he  shall  retain  one  set  of  keys  and  hand 
the  other  to  an  election  officer  of  a  different  political  party,  and  the 
box  shall  remain  locked  until  the  counting  begins.  The  same  action 
shall  be  taken  as  regards  all  the  boxes.  (L.  1907-08,  Ch.  31,  Art.  6, 
Sec.  2.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3197.) 

Section  65.  Number  of  Persons  Allowed  Within  Enclosure. — At 
no  time  during  the  hours  of  voting  shall  any  person  other  than  the 
election  officers,  and  the  electors  who  are  within  the  booths  for  the 
purpose  of  voting,  be  allowed  inside  such  enclosure  and  no  more 
electors  shall  be  allowed  within  such  enclosure  at  any  one  'time  than 
one  for  each  booth  and  onjp  other,  and  electors  shall  be  permitted  to 
enter  in  the  order  in  which  they  present  themselves  at  the  door  or 
entrance.  (L.  1907-08,  Ch.  31,  Art.  4;  Sec.  3.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3198.)  See  Sec.  40.) 

Section  66.  Voter  Physically  Unable. — When  any  elector  pre- 
sents himself  for  a  ballot  and  states  that  he,  because  of  a  physical 
disability  or  infirmity,  is  unable  to  stamp  his  ballot,  one  of  the  pre- 
cinct election  board  shall  cause  such  elector  to  be  sworn  after  the 
following  form: 

Do  you  solemnly  swear  (or  affirm)  that  you  are  unable  to  stamp 
and  prepare  your  ballot  for  voting,  because  of  a  physical  disability  or 
infirmity?  Should  the  elector  so  qualify  himself  it  shall  be  the  duty 
of  two  such  precinct  election  officers,  of  opposite  political  parties,  to 
give  to  such  elector  such  assistance  as  he  needs,  but  in  all  such  in 
stances  the  elector  must,  without  suggestions  from  such  officer,  name 
the  ticket,  or  the  names  of  the  candidates  for  which  he  desires  to 
vote,  and,  in  no  instances  shall  an  election  officer  volunteer  any  sug- 
gestion to  such  elector,  as  to  who  should  and  should  not  be  voted  for. 
Such  assistance  shall  be  given  at  the  ballot  box,  and  all  other  electors 
than  the  election  officer  shall  be  kept  sufficiently  distant  that  they 

—47— 


will  not  hear  or  know  how  such  informed  elector  voted.  Any  election 
officer  who  employs  deception  and  causes  such  an  elector  to  vote  for 
a  party  or  candidate  other  than  the  one  he  wishes,  shall  be  deemed 
guilty  of  a  misdemeanor,  and,  upon  conviction,  shall  be  fined  not  less 
than  fifty  nor  more  than  five  hundred  dollars,  and  be  imprisoned  in 
the  county  jail  not  less  than  thirty  days  nor  more  than  six  months. 
(L.  1907-08,  Ch.  31,  Art.  6,  Sec.  4.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3199.) 

."Section  67.  Mutilated  Ballots. — Should  any  elector  spoil  or  mutil-, 
ate  his  ballot,  in  his  effort  to  vote  the  same,  he  shall  fold  it  and 
return  it  in  the  presence  of  the  election  officer  and  sucn  elector  shall 
then  in  the  presence  of  said  officer,  destroy  said  ballot  by  burning 
or  otherwise,  and  the  clerk  of  the  election  shall  provide  such  elector 
with  another  ballot,  in  the  same  manner  that  the  first  one  was  pro- 
vided. The  clerk  shall  endorse  upon  the  proper  blank  line  upon  the 
stub  of  the  spoiled  ballot  the  word  "Spoiled."  He  shall  not  write  the 
name  o  fthe  elector  upon  the  stub  of  the  duplicate  ballot,  but  shall 

write  instead  the  words  "Duplicate  of  Number ,"  giving 

the  number  of  the  stub  of  the  original,  or  spoiled  ballot.  Any  elector 
refusing  to  destroy  a  mutilated  ballot,  or  any  election  officer  per- 
mitting an  elector  to  retain  a  mutilated  ballot,  shall  be  deemed  guilty 
of  a  misdemeanor,  and,  upon  conviction  shall  be  fined  not  less  than 
twenty-five  nor  more  than  five  hundred  dollars,  and  be  imprisoned 
in  the  county  jail  for  not  less  than  thirty  days  nor  more  than  six 
months.  (L.  1907-08,  Ch.  31,  Art.  6,  Sec.  5.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3200.) 

Section  68.  Challenger — How  Appointed. — In  all  elections,  any 
candidate  shall  have  the  right  to  have  a  challenger,  if  appointed;  by 
him  in  writing,  stationed  outside  the  enclosure,  but  in  view  of  the 
entrance,  and  of  the  election  officers,  and  such  challenger  shall  have 
the  right  to  question  any  elector,  and  to  challenge  his  right  to  vote  if 
he  so  desires,  and  when  an  elector  is  so  challenged  he  may  sub- 
scribe to  the  oath  provided  for  challenged  voter  or  else  he  shall  not 
be  allowed  to  vote.  No  other  person  may  remain  within  fifty  feet  of 
the  same,  except  for  the  purpose  of  offering  his  vote,  and  voters  shall 
approach  and  enter  the  chute  in  order  in  which  they  appear  for  the 
purpose  of  voting.  If  any  erson  desiring  to  vote  shall  be  challenged 
by  any  one  of  the  challengers,  or  by  any  member  of  the  election 
board  he  shall  stand  aside  and  not  be  entitled  to  vote,  unless  he  fills 
out  and  swears  to  the  oath  provided  for  challenged  voters.  Members 
of  a  precinct  election  board  who  permit  an  elector  to  vote  when  t*j 
has  been  challenged  by  an  authorized  challenger,  without  first  requir- 
ing said  elector  to  subscribe  and  swear  to  the  affidavit  aforesaid,  shall 
fce  guilty  of  a  misdemeanor,  and  upon  conviction  shall  be  fined  not 
less  than  fifty  nor  more  than  five  hundred  dollars  each,  and  may  be 
confined  in  jail  not  to  exceed  six  months.  (L.  1907-08,  Ch.  31,  Art.  6. 
Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3201.)  (See  Sees.  40-65.) 

—48— 


Section  69.  How  Election  Held  If  Supplies  Fail  to  Reach  Pre- 
cinct.— Should  the  supplies  for  any  precinct  fail  to  be  delivered  at 
such  precinct's  voting  place,  by  nine  o'clock  a.  m.  on  the  morning 
of  any  election,  the  citizens  and  electors  entitled  to  vote  at  such  pre- 
cinct, provided  as  many  as  ten  of  them  be  then  assembled,  or  at  any 
hour  during  the  day  thereafter,  when  as  many  as  ten  of  such  electors 
are  assembled,  may  proceed  to  hold  an  election  by  choosing  repre- 
sentatives from  the  several  political  parties  desiring  to  assist  in  such 
work,  which  representatives  when  so  chosen,  may  proceed  to  prepare 
written  ballots  which  may  be  cast  by  the  electors  in  a  box  to  be  pre- 
pared for  the  purpose,  and  such  election  shall  be  by  secret  ballot,  in  so 
tar  as  the  same  is  possible:  Provided  that  the  provisions  of  this  section 
shall  not  prevent  an  elector  under  such  circumstances,  from  preparing 
his  own  ballot,  in  writing,  and  all  ballots  so  prepared  under  the  cir- 
cumstances above  described  and  cast  at  such  election  shall  be 
counted  and  considered:  Provided,  the  interest  of  the  elector  is  made 
apparent.  (L.  1907-08,  Ch.  31,  Art.  6,  Sec.  7.  Took  effect  May  29th, 

1908.  C.  L.  1909,  Sec.  3202.), 

ARTICLE  VII. 
VIOLATION— PENALTY. 

Section  70.  Member  of  Precinct  Board — May  Be  Excused — When. 
— If  a  member  of  the  precinct  board  desires  to  be  relieved  from  duty 
as-  such  and  it  is  too  late  to  notify  the  county  board,  he  shall  apply 
to  the  other  two  members  of  the  precinct  board,  and  if  they  both 
agree  and  his>  excuse  is  reasonable,  then  he  will  be  excused  from 
service;  otherwise,  he  must  serve  and  perform  the  duties  of  his  office, 
and  should  he  not  serve,  and  not  file  his  excuse  with  the  other  two 
members  of  the  Board  in  time  to  prevent  a  delay  then  such 
members  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  fined  not  less  than  five  nor  more  than  twenty-five  dollars. 
(L.  1907-08,  Ch.  31,  Art.  7,  Sec.  1.  Took  effect  May  29th,  1908.  C.  L. 

1909,  Sec.  3203.) 

Section  71.  Counter  to  Notify  Board  of  Inability  to  Serve. — Any 
person  regularly  chosen  as  official  counter,  who  cannot  serve  must 
notify  the  precinct  election  board  at  the  time  he  is  informed  of  his 
election,  that  he  cannot  serve.  Any  person  regularly  chosen  as  official 
counter,  who  fails  to  serve,  unless  excused,  by  a  majority  of  the 
precinct  election  board  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  five  nor  more  than  twenty-five 
dollars.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  2.  Took  effect  May  29th, 
ia08.  C.  L.  1909,  Sec.  3204.) 

Section  72.  Illegal  Voting — Procuring  Illegal  Voting — Penalty. — 
Any  person  not  entitled  to  vote  at  any  election  in  this  state,  who 
exercises  that  right  and  casts  his  vote,  whether  he  be  challenged  or 
not,  shall  be  guilty  of  a  felony  and  upon  conviction  shall  be  confined 
in  the  state  prison  not  less  than  one  year  nor  more  than  three  years. 
Any  person  who  procures  a  person  to  vote  when  such  person  is  not 


entitled  to  vote,  under  the  provisions  of  this  Act,  shall  be  deemed 
guilty  of  a  like  offense,  and  subject  to  a  like  penalty.  In  the  prosecut- 
ing of  any  procuring  the  casting  of  any  illegal  vote,  if  it  is  "shown 
that  the  accused  insisted  and  persuaded  or  urged  the  party  to  vote, 
this  shall  be  a  presumption  of  guilt.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec. 
3.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3205.) 

Section  73.  False  Swearing  —  Procuring  Same  —  Penalty. — Any 
person  who  makes  a  false  affidavit  under  the  provisions  of  Section  16 
of  this  article  shall  be  guilty  of  false  swearing,  and  upon  conviction 
shall  be  confined  in  the  state  prison  not  less  than  one  nor  more  than 
three  years,  and  any  person  encouraging  or  procuring  the  execution 
of  such  false  affidavit  shall  be  deemed  guilty  of  a  like  offense  and 
subjugated  to  a  like  penalty.  In  the  prosecution  of  one  charged  with 
procuring  another  to  swear  falsely  hereunder,  if  it  is  shown  that  the 
accused  urged  and  insisted  upon  the  party  signing  and  swearing  to 
the  affidavit,  this  shall  be  a  presumption  of  guilt.  (L.  1907-08,  Ch. 
31,  Art.  7,  Sec.  4.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3206.) 

Section  74.  Penalty  for  Removal  of  Election  Supplies. — Should 
any  election  officer  or  other  person  remove  any  ballot,  ballot  box, 
tally  sheet,  stencil,  pad,  or  any  of  the  election  supplies  outside  the 
enclosure  in  which  the  election  is  required  to  be  held,  or  should  any 
election  officer  or  any  other  person  have  any  such  supplies  outside 
such  enclosure  or  should  any  election  officer  or  other  person  tear 
down,  mutilate,  or  injure  any  card  of  instructions  posted;  under  the 
provisions  hereof,  or  destroy,  mutilate,  injure  or  appropriate  any  of 
the  election  supplies  either  while  the  same  are  in  use  or  while  sorted, 
such  offending  party  shall  be  fined  not  less  than  twenty-five  nor  more 
than  five  hundred  dollars,  and  shall  be  confined  in  the  county  jail  not 
less  than  thirty  nor  more  than  ninety  days.  (L.  1907-08,  Ch.  31,  Art.  7, 
7,  Sec.  14;  took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3216.) 

Section  75.  Electioneering  Prohibited — Electors — Must  Not  Dis- 
close Ballot. — No  person  shall  be  allowed  to  electioneer  within  fifty 
feet  of  any  election  booth  or  ballot  box,  while  an  election  is  in  prog- 
ress, nor  shall  any  person  or  persons  be  allowed  to  congregate  or  be 
within  less  than  fifty  feet  of  any  election  .booth  or  ballot  box  while 
an  election  is  in  progress.  No  person  shall,  within  the  election  en- 
closure, disclose  to  any  officer  or  to  any  other  person  how  he  voted, 
nor  shall  any  elector  expose  his  ballot  to  any  one.  Any  one  violating 
this  section  shall  be  deemed  guilty  of  a  misdemeanor  and  upon  con- 
viction shall  be  fined  not  less  than  ten  nor  more  than  one  hun- 
dred dollars.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  6.  Took  effect  May 
29th,  1908.  C.  L.  1909,  Sec.  3208.) 

Section  76.  Inspector  to  Deliver  Returns. — Any  election  inspec- 
tor who  fails  to  make  delivery  of  the  election  returns,  to  the  county 
election  board,  who  alters  or  changes  any  certificate,  affidavit  or 
writing  of  any  kind,  connected  with  said  returns,  or  who  opens  the 
election  box,  or  any  of  the  envelopes,  or  mutilates  or  defaces  any  box1 

—50— 


or  election  returns  while  in  his  care  in  being  transferred  from  or  to 
the  county  election  board  shall  be  deemed  guilty  of  a  felony  and 
upon  conviction  shall  be  confined  in  the  state  prison  for  not  less  than 
one  nor  more  than  six  years.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  7.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3209.) 

Section  77.  Employer  to  Allow  Time  to  Attend  Election. — Every 
corporation,  firm,  association  or  individual  who,  on  election  day,  has 
an  elector  employed  or  in  his  service;  and  every  foreman,  superin- 
tendent or  other  person  in  charge  of  employees  shall  grant  each  of 
said  employees  two  hours  of  time  during  the  period  when  the  elec- 
tion is  open  in  which  to  vote,  and  if  such  employee  be  in  the  county 
or  at  such  distance  from  the  voting  place  that  more  than  two  hours 
are  required  in  which  to  attend  such  elections,  then  he  shall  be  al- 
lowed a  sufficient  time  in  which  to  cast  his  ballot,  and  such  corpora 
tion,  firm,  or  association,  individual,  foreman,  superintendent  or  other 
person  in  charge  of  such  laborers,  shall  select  the  hours  which  such 
employees  are  to  be  allowed  in  which  to  attend  such  elections,  and 
shall  notify  each  of  the  employees  which  hours  they  are  to  nave  in 
which  to  vote,  and  any  corporation,  firm  or  association,  individual, 
foreman  or  superintendent  who  fails  to  so  notify  such  employees  as 
herein  provided,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  fifty  nor  more  than  five  hun- 
dred dollars  for  each  elector  whom  they  failed  to  so  notify,  and  any 
individual  with  such  electors  employed,  or  foreman  or  superintendent, 
who  fails  to  so  notify  such  employee,  shall  in  addition  to  said  fine, 
be,  upon  conviction,  imprisoned  in  the  county  jail  not  less  than  two 
nor  more  than  six  months.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  8.  Took 
effect  May  29th,  1909.  C.  L.  1909,  Sec.  3210.) 

Section  78.  Corporations  Not  to  Contribute  to  Campaign  Fund. — 
No  corporation  chartered  under  the  laws  in  this  state,  shall  contribute 
to  any  campaign  fund  of  any  political  party  of  this  state  or  to  any 
person  for  the  benefit  of  such  party  or  its  candidates  nor  shall  they, 
through  any  agent,  officer,  representative,  employee,  attorney,  or  any 
other  person  or  persons,  so  contribute.  Nor  shall  any  such  corpora- 
tions, except  a  banking  corporation  of  this  state,  directly  or  through 
such  other  person,  make  any  loan  of  money,  or  anything  of  value,  or 
give  or  furnish  any  privilege,  favor,  or  other  thing  of  value  to  any 
political  party,  or  to  any  representative  of  a  political  party,  or  to  any 
other  person  for  it,  or  to  any  candidate  upon  the  ticket  of  any  politi- 
cal party. 

Any  agent,  employee,  representative,  official,  attorney,  or  any 
other  person,  who  act  for  a  corporation  in  extending  any  of  the 
benefits  herein  prohibited,  shall  be  guilty  of  a  misdemeanor,  and  upon 
conviction  shall  be  fined  not  less  than  fifty  nor  more  than  one  thou- 
sand dollars,  and  imprisoned  in  the  county  jail  not  less  than  thirty 
nor  more  than  one  hundred  and  twenty  days:  Provided,  the  pre- 
visions of  this  section  shall  apply  to  any  non-partisan  candidates. 

—51— 


(L.  1907-08,  Ch.  31,  Art.  3,  Sec.  9.  Took  effect  May  29th,  1908.  C.  L. 
1909,  See.  3211.) 

Section  79.  Corporation  Not  to  Attempt  to  Influence  Vote. — Any 
corporation,  whether  chartered  under  the  laws  of  this  state,  or  of  a 
foreign  state,  and  which  has  been  permitted  to  do  business  herein, 
which,  through  its  officials,  employees,  agents,  attorneys,  representa- 
tives or  some  other  person  or  in  any  other  manner,  directly  or  indi- 
rectly, influences  or  attempts  to  in_uence,  by  bribe,  favor,  promise, 
inducement,  threat,  intimidation,  importuning,  or  beseeching  to  con- 
trol the  vote  of  any  employee  or  other  person  shall  be  deemed  guilty 
of  a  misdmeanor,  and  upon  conviction  shall  be  fined  not  less  than 
five  hundred  nor  more  than  five  hundred  nor  more  than  five  thousand 
dollars,  and  the  person  or  persons  so  acting  for  such  corporation  in 
the  violation  of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  five  hundred  nor 
more  than  one  thousand  dollars,  and  imprisoned  in  the  county  jail 
not  less  than  sixty  nor  more  than  one  hundred  and  twenty  days. 
(L.  1907-08,  Ch.  31,  Art.  1,  Sec.  10.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3212.) 

Section  80.  Corporation  Liable  for  Acts  of  Agent. — When  any 
official,  agent,  attorney,  or  employee  of  a  corporation  has  been  shown 
to  have  violated  the  provisions  of  sections  3210  (77)  and  3211  (78) 
.of  this  Article,  it  shall  be  presumed  that  he  was  acting  for  such  cor- 
poration, and  the  burden  shall  be  upon  the  accused  corporation  to 
show  that  such  official,  agent,  attorney  or  employee  was  not  acting 
for  it  or  with  its  sanction.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  11.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3213.  ) 

Section  81.  Near  Election  While  Intoxicated — Penalty. — Any  per- 
son who  takes  intoxicating  liquors  of  any  kind,  character  or  quantity, 
to  within  one-half  mile  of  any  voting  place,  or  an  election  day,  or  who 
gives  r  offers  to  another  person,  at  any  place,  on  such  a  day,  a  drink 
of  liquor,  or  of  any  other  drinks  commonly  known  and  accepted  as 
substitutes  for  whiskey  or  beer,  or  any  person  who  shall  attend  an 
election  or  be  upon  th'e  grounds  near,  an  election,  in  an  intoxicated 
condition,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  twenty-five  nor  more  than  five 
hundred  dollars,  and  confined  in  the  county  jail  not  less  than  one 
nor  more  than  three  months.  Any  person  offending  hereunder,  should 
be  forthwith  arrested.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  12.  Took'  effect 
May  29th,  1908.  C.  L.  1909,  Sec.  3214.) 

Section  82.  Penalty  for  Interference  With  an  Election. — Any 
person  who  interferes  with  an  election,  by  noisy  or  riotous  conduct, 
or  in  any  otherwise,  or  who  attempts  to  so  interfere,  or  any  person 
who  refuses  to  obey  any  order  of  the  election  officers,  given  in  the 
discharge  of  their  duties,  in  keeping  order  about  the  voting  place, 
shall  be  deemed  guilty  of  a  misdeameanor,  and  upon  conviction  shall 
be  fined  not  less  than  ten  or  more  than  one  hundred  dollars  for  such 

—52— 


offense,  and  such  person  shall  be  arrested  at  the  time  the  offense  is 
committed.     (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  13.     ook  effect  May  29th, 

1908.  C.  L.  1909,  Sec.  3215.) 

Section  83.  Bribery. — Any  person  guilty  of  offering,  giving  or  ac- 
cepting a  bribe,  a  reward,  a  benefit,  or  advantage,  or  anything  of 
value,  pres.ent  or  future,  directly  or  indirectly,  intended  to  influence 
the  vote  of  the  person  to  whom  it  is  given  or  offered,  shall  be  deemed 
guilty  of  a  felony  and  upon  conivction  shall  be  fined  not  less  than 
one  hundred  nor  more  than  one  thousand  dollars,  and  shall  be  con- 
fined in  the  state  prison  not  less  than  one  nor  more  than  three  years 
for  eadb.  offense.  Money  or  other  things  of  value,  given  or  lent  to  be 
betted  on  the  result  of  an  election,  or  the  promise  thereof,  of  a  bet 
with  another  that  such  other  will  vote  a  certain  ticket  or  for  a  cer- 
tain candidate,  and  the  gift  of  such  bet  or  the  share  therein,  or  the 
promise  thereof,  shall  be  deemed  a  bribe.  Whoever  shall  receive 
money  or  other  thing  of  value,  to  be  so  betted  under  such  agreement, 
or  whoever  receives  money  or  other  thing  of  value  to  be  used  for 
the  purpose  of  procuring  or  influencing  the  vote  of  himself  or  another, 
shall  be  deemed  guilty  to  have  been  bribed.  (L.  1907-08,  Ch.  31,  Art. 
7.,  Sec.  14.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3216.) 

Section  84.  Disf ranch isement. — Any  person  convicted  under  the 
provisions  of  the  foregoing  section  shall  henceforth  be  excluded  from 
holding  any  civil  office  in  this  state,  and  shall  forever  be  deprived  of 
his  right  of  suffrage.  (L.  1907-08,  Ch:  31,  Art.  7,  Sec.  15.  Took  effect 
May  29th,  1908.  C.  L.  1909,  Sec.  3217.) 

Section  85.  Witness  —  Self-lncrimination —  Effect.  —  No  witness 
shall  be  excused  from  giving  his  testimony  before  any  grand  jury, 
inquisitorial,  or  trial  court,  upon  the  ground  that  such  testimony 
would  incriminate  himself,  but  not  such  testimony  shall  be  used 
against  such  witness  at  any  time,  or  in  any  prosecution.  Any  per- 
son to  whom  a  bribe  or  benefit  has  been  given,  who  voluntarily  dis- 
closes the  evidence  and  the  facts  to  the  proper  authorities  and  pro 
cures  a  conviction,  under  Section  14  of  this  article  of  the  person  who 
gave  the  bribe  or  benefit,  shal1  not  be  prosecuted  of  procuring  a  bribe. 
(L.  1907-08,  Ch.  31,  Art.  7.  Sec.  16.  Took  effect  May  29th,  1908.  C.  L. 

1909,  Sec.  3218.) 

Section  86.  Penalty  for  Refusal  to  Execute  Correct  Certificate  of 
Election. — Any  member  of  a  precinct,  county  or  state  board,  who  re- 
fuses to  execute  a  correct  and  proper  certificate  of  nomination  or  of 
election,  or  who  issues  or  executes  or  aids  or  abets,  in  issuing  a  false 
or  fraudulent  certificate,  or  who  alters  or  changes  any  certificate  in  his 
possession  or  care,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction,  shall  be  fined  not  less  than  twenty-five  nor  more  than  five 
hundred  dollars,  and  imprisoned  in  the  county  jail  not  less  than  one 
nor  more  than  three  months.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  17.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3219.) 

Section  87.     Penalty  for  Attempt  to  Bribe  Candidate  or  Nominee. 


— Any  person  who  shall  offer  or  give  to  another  anything  of  value,  to 
induce  or  cause  such  other  person  to  withdraw  from  a  political  contest, 
as  a  candidate  or  nominee  at  any  election,  shall  be  guilty  of  a  felony, 
and  upon  conviction,  shall  be  imprisoned  in  the  penitential  y  for  not 
less  than  one  nor  more  than  three  years.  (L.  1907-08,  Ch.  31,  Art.  7, 
Sec.  18.  Toolj  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3220.) 

Section  88.  Penalty  for  Soliciting  or  Accepting  Bribe. — Any  per- 
son who  shall  solicit  or  accept  from  another  anything  of  value  for 
withdrawing  from  any  political  contest  as  a  candidate  or  nominee  for 
any  office  at  any  election,  shall  be  guilty  of  a  felony  and  upon  convic- 
tion shall  be  imprisoned  in  the  penitentiary  for  not  less  than  one  nor 
more  than  three  years.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  19.  Took  ef- 
fect May  29th,  1908.  C.  L.  1909,  Sec.  3221.) 

Section  89.  Penalty  for  Removal  of  Ballot. — If  any  person  shall 
take  or  move  from  any  place  where  they  may  be,  under  this  Act,  any 
ballots,  ballot  boxes,  stamps  or  other  election  apparatus,  or  any  per- 
son found  to  be  in  the  possession  of  such  balots,  stamps  or  apparatus, 
except  as  an  officer  or  custodian  under  this  Act,  or  while  in  the  poll- 
ing place  for  the  purpose  of  voting;  or  if  any  such  cutsodian  or  official 
shall  consent  to  or  permit  of  any  such  ballots  or  stamps  to  be  removed 
or  carried  away  from  the  place  where  they  may  lawfully  be  by  any 
person  except  a  custodian  under  the  authority  of  this  Act,  whose  duty 
it  is  to  receive  the  same,  such  person,  custodian  or  official  shall  be 
deemed  guilty  of  a  felony,  and  upon  conviction  thereof  shall  be  pun- 
ished by  imprisonment  in  the  penitentiary  for  a  period  of  not  exceed- 
ing five  years.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  20.  Took  effect  May 
29th,  1908.  C.  L.  1909,  Sec.  3222.) 

Section  90.  Penalty  for  Mutilating  or  Carrying  Away  Election 
Supplies. — Any  one  guilty  of  defacing,  mutilating,  destroying  or  carry- 
ing away  any  of  the  eection  supplies,  whether  it  be  at  the  time  the 
same  is  in  use,  or  while  it  is  stored,  shall  be  deemed  guilty  fo  a  misde- 
meanor, and  upon  conviction  shall  be  fined  not  less  than  twenty-five 
nor  more  than  five  hundred  dollars,  and  may  be  imprisoned  in  the 
county  jail  not  less  than  ten  nor  more  than  thirty  days.  (L.  1907-08, 
Ch.  31,  Art.  7,  Sec.  21.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3223.) 

ARTICLE  VIII. 
REGISTRATION. 

Section  91.  Registration  System  Created. — There  is  hereby  cre- 
ated and  established  a  registration  system  in  the  various  cities  of  the 
first  class  in  the  state  of  Oklahoma  for  the  registration  of  electors, 
and  no  elector  shall  be  allowed  to-  vote  in  any  election  held  in  such 
cities  unless  he  has  complied  with  the  provisions  hereof.  (L.  1907-08, 
Ch.  31,  Art.  8,  Sec.  1.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3223.) 

Section  92.  Duty  of  Inspector— Time  of  Registration.— It  shall 
be  the  duty  of  the  election  inspector  for  each  precinct  within  cities  of 

—54— 


the  first  class  beginning  with  the  first  day  of  July  preceding  each  bi- 
ennial primary  election  and  continuing  (Sundays  excepted)  unti  the 
hour  of  nine  o'clock  p.  m.  on  the  last  Saturday  night  of  said  month  of 
July,  to  keep  open  the  precinct  registration  book  in  his  care  as,  here- 
inafter provided  for  the  registration  of  any  electors  residing  within 
such  precinct  and  entitled  to  registration  thereunder.  (L.  1907-08,  Cr. 
31,  Art.  8,  Sec.  2.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3224.) 

Section  93.  Duty  of  Inspection  When  in  Doubt  of  Elector's  Right 
to  Vote. — Should  the  inspector  of  the  elections  have  any  doubt  about 
the  right  of  the  person  offering  for  registration  to  vote,  he  may  when 
he  has  filed  said  certificate  read  the  same  to  such  person  and  require 
him  to  sign  and  be  sworn  to  the  facts  therein  stated,  in  which  event 
the  said  inspector  shall  endorse  the  word  "Sworn"  in  the  lower  left 
hand  corner  of  such  certificate.  Any  person  who  is  guilty  of  furnish- 
ing a  false  statement  to  the  inspector  of  elections  in  obtaining  the 
above  mentioned  certificate  shall  be  deemed  guilty  of  a  misdemeanor, 
and  upon  conviction  shall  be  fined  not  less  than  twenty-five  dollars  nor 
more  than  five  hundred  dollars,  and  confined  in  the  county  jail  not 
less  than  two  months  nor  more  than  six  months.  Any  person  who 
makes  a  fals.e  oath  to  such  certificates  when  read  to  him  by  said  in- 
spector, shall  be  deemed  guilty  of  false  swearing,  and  upon  conviction 
shall  be  confined  in  the  penitentiary  for  not  less  than  one  nor  more 
than  two  years.  (L.  1911,  H.  B.  27,  Sec.  11.  Took  effect  March  18th, 
1911.) 

Section  94.  Duty  of  Elector  in  Registering. — An  elector  present- 
ing himself  for  registration,  shall  announce  his  name,  and  place  of 
residence,  he  shall  answer  all  the  questions  propounded  to  him  by  said 
inspector,  or  by  any  citizen  of  the  precinct,  touching  his  qualifications 
as  an  elector  and  his  right  to  vote.  (L.  1907-08  Ch.  31,  Art.  8,  Sec.  4. 
Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3236.) 

Section  95.  State  Board  to  Furnish  Registration  Books. — It  shall 
be  the  duty  of  the  state  election  board  to  have  prepared  and  printed 
for  each  city  of  the  first  class,  at  the  expense  of  the  state,  proper  reg- 
istration certificate  books  and  blank  forms  with  the  perforation  on 
every  other  sheet  or  leaf  of  said  book.  The  perforated  leaf  of  said 
book  shall  be  for  the  purpose  of  writing  the  original  registration  cer- 
tificate of  the  elector;  immediatey  underneath  the  same  shall  be  a 
carbon  sheet  and  immediatly  underneath  such  carbon  sheet  shall  be 
an  exact  duplicate  of  the  original  certificate,  but  the  same  shall  not 
be  perforated.  Such  books  or  certificates  shall  be  bound  with  paste- 
board backs  and  wire  staples  or  threads  as  may  be  deemed  advisble, 
and  upon  the  outside  of  the  front  cover  of  each  book  shall  be  pasted  in 
bold  type  the  number  of  the  precinct,  the  number  of  the  ward  and 
county,  for  which  book  is  prepared.  It  shal  contain  one  original  cer- 
tificate and  one  duplicate  thereof,  for  each  elector  of  the  precinct  for 
which  it  is  prepared,  together  with  an  additional  amount  of  such  cer- 
tificates rnd  duplicates  equal  to  fifty  per  centum  of  the  voters  of  such 

—55— 


precinct  and  the  official  vote  at  the  last  general  state  election  in  said 
precinct  shall  be  taken  as  the  basis  upon  which  to  regulate  the  num- 
ber of  said  registration  certificates.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  5. 
Took  effect  May  29th,  1908-.  C.  L.  1909,  Sec.  3237.) 

Section  96.  To  Have  Books  Printed,  When.— Said  state  board 
shall  have  such  books  of  certificates  printed  on  or  before  the  first 
Monday  in  June  of  each  year  of  registration,  and  shall  deliver  the 
same  to  the  chairman  of  the  county  election  board,  to  be  delivered  by 
him  to  the  inspector  of  the  several  precincts  in  due  time  for  the  regis- 
tration as  herein  provided,  and  such  county  election  board  shall  re- 
quire a  receipt  from  the  several  inspectors  of  such  elections,  giving 
the  date  upon  which  they  receive  such  book  or  books.  (L.  1907-08, 
Cr.  31,  Art.  7,  Sec.  6.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3238.) 

Section  97.  Form  of  Registration  Certificates. — The  certificate 
above  provided  for  shall  be  in  form  as  follows,  to-wit:  Precinct  No. 
of Ward County. 

.This  is  to  certify  .that a  person  known 

to  me.  has  this  day  presented  himself  for  registration  as  an  elector  in 
this  precinct;  that  before  issuing  this  certificate  I  required  such  per- 
son to  answer  such  questions  as  propounded  to  him.  He  says  that  his 

frame  is  as  above  written;  that  he  resides  in  this  precinct,  at  No __ 

Street;  he  says  his  postoffice  address  is ; 

that  the  color  of  his  hair  is __;  his  eyes ; 

his  complexion ,  and  politically  he  is  a ; 

that  he  refers  to as  an  owner  of  real  estate  whom  he 

says  knows  that  he  is  entitled  to  vote  in  this  precinct. 

Given  under  my  hand  on  this,  the day 

of__  _.A.  D.  19-- 


Inspector  of  Elections,  Precinct  No 

(L.  1907-08,  Ch.  31,  Art.  8,  Sec.  7.  Took  effect  May  29th,  1908.  C. 
L.  1909,  Sec.  3239.) 

Section  98.  Registration  Officer  Authorized  to  Swear  Voter. — 
Should  the  inspector  of  elections  have  any  doubt  about  the  right  of 
the  person  offering  for  registration  to  vote,  he  may,  when  he  has  filed 
said  certificate,  read  the  same  to  such  person  and  require  him  to  be 
sworn  to  the  facts  therein  stated,  in  which  event  the  said  inspector 
shall  endorse  the  word  "Sworn"  in  the  lower  left  hand  corner  of  such 
certificate,  and  any  person  who  is  guilty  of  furnishing  a  false  state- 
ment to  the  inspector  of  elections  in  obtaining  the  above  mentioned 
certificate,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con- 
viction shall  be  fined  not  less  than  twenty-five  dollars,  nor  more  than 
five  hundred  dollars,  and  confined  in  the  county  jail  not  less  than  two 
nor  more  than  six  months.  Any  person  who  makes  a  false  oath  to  such 
certificate,  when  read  to  him  by  said  inspector,  shall  be  deemed  guilty 
of  false  swearing  and  upon  conviction  shall  be  confine^  in  the  peri- 

—56— 


tentiary  for  not  less  than  one  nor  more  than  two  years.  (L.  1907-08, 
Ch.  31,  Art.  8,  Sec.  8,  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3240.) 

Sectio  99.  Record  of  Certificates.— It  shall  be  the  duty  of  the  in- 
spector of  elections  to  fill  out  all  certificates  in  their  proper  blanks 
with  an  indelible  pencil;  he  shall  then  tear  the  original  receipt  from 
the  blank  stub  and  shall  retain  the  carbon  sheet  as  well  as  the  dupli- 
cate underneath  such  carbon,  and  such  carbon  and  duplicate  shall  be 
so  arranged  as  to  provide  a  perfect  copy  in  proper  blanks,  of  said  or- 
iginal certificate.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  9.  Took  effect  May 
29th,  1908.  C.  L.  1909,  Sec.  3241.) 

Section  100.  Spoiled  Certificate. — Should  a  certificate  be  spoiled 
in  issuing  it,  the  original  as  well  as  the  carbon  copy  shall  be  retained 
and  not  detached  from  the  stub,  and  a  new  original  shall  then  be  pre- 
pared for  such  elector  as  a  substitute  for  the  spoiled  certificate,  and 
said  substitute  certificate  shall  bear  the  same  number  as  did  the  orig- 
inal. (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  10.  Took  effect  May  29th,  1908. 
C.  L.  1909,  Sec.  3242.) 

Section  101.  Numbering  Certificates. — Each  certificate  shall  be 
numbered  consecutively  through  the  book,  and  the  duplicate  shall  bear 
thesame  number  of  the  original.  The  stub  of  the  original 
certificate  shall  have  no  printing  thereon,  and  shall  not  be  used  as  a 
record  of  such  certificate.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  11.  Took 
effect  May  29th,fi  1908.  C.  L.  1908,  Sec.  3243.) 

Section  102.  Books  Subject  to  Public  Inspection. — Any  citizen 
shall  have  the  right  or  privilege  to  inspect  any  duplicate,  or  book  of 
duplicate  certificates,  at  any  time,  but  the  same  shall  not  be  taken  out 
of  the  hands  of  hands  of  the  proper  custodian  on  any  occasion.  (L. 
1907-08,  Ch.  31,  Art.  8,  Sec.  12.  Took  effect  May  29th,  1908.  C.  L. 
1909,  Sec.  3244.) 

Section  103.  Challenge  of  Right  to  Register. — Any  citizen  may 
have  the  right  to  challenge  any  elector  or  any  citizen's  right  to  regis- 
ter: Provided,  such  challenge  shall  go  only  to  such  person's  qualifica- 
tion as  an  elector  under  the  provisions  of  the  Constitution,  and  it  shall 
be  the  duty  of  the  inspector  of  elections,  when  such  challenge  is  in- 
terposed, to  make  such  investigation  as  he  deems  essential,  and  de- 
cide the  question  of  such  person's  qualifications  as  an  elector,  and 
should  he  be  of  the  opinion  that  such  person  is  not  a  qualified  elector, 
he  shall  not  issue  to  him  a  certificate  of  registration.  (L.  1907-08,  Ch. 
31,  Art.  8,  Sec.  13.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec.  3245.) 

Section  104.  Registration  Records  at  Polls.— It  shall  be  the  duty, 
of  the  precinct  inspector  of  elections  to  have  at  the  polls  on  each  elec- 
tion day,  whether  in  primary  or  general  elections  after  the  registra- 
tion herein  proivded  for,  the  book  ot  duplicates  of  registration  certi- 
ficates for  said  precinct.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  14.  Took  ef- 
fect May  29th,  1908.  C.  L.  1909,  Sec.  3246.); 

Section  105.     Certificate  Gives  Right  to  Vote.— When  an  elector  in 

—57— 


cities  of  the  first  class  presents  himself  for  a  ballot  at  an  election 
hereafter,  he  shall  present  first  his  certificate  of  registration  as  above 
provided  for,  and  such  certicate  of  registration  shall  entitle  such  voter 
to  vote:  Provided,  it  is  found  to  be  in  regular  form,  as  compared 
with  the  carbon  copy  in  the  hands  of  the  inspector  of  elections.  (L. 
1907-08,  Ch.  31,  Art.  8,  Sec.  15.  Took  effect  May  29th,  1908.  C.  L.  1909, 
Sec.  3247.) 

Section  1$6.  Altered  Certificates  Refused. — No  registration  certi- 
ficate shall  be  accepted  as  genuine  which  bears  nay  mark,  figure, 
words  or  letters,  which  are  not  on  the  carbon  copy.  (L.  1907-08,  Ch. 
31,  Art.  8,  Sec.  16.  Took  effect  May  29th,  1908.  C.  L.  1909.  ^ec.  3248.) 

Section  107.  Certificate  to  Be  Endorsed  After  Voting. — One  of  the 
election  officers  shall  endorse  upon  the  back  of  each  certificate  pre- 
sented, the  word  "Voted"  and  upon  the  same  line,  in  figures,  indicate 
the  date  of  the  eection,  as  in  this  style:  "Voted  8-6-08,"  which  would 
indicate  the  holder  of  said  certificate  voted  by  virtue  thereof  at  an 
election  held  on  the  sixth  of  August,  1908.  There  shall  be  no  signa- 
ture attached  to  such  endorsement,  nor  anything  other  than  above 
specified.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  17.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3249.) 

Section  108.  Certificate  Valid — How  Long.— Certificate  of  regis- 
tration shall  entitle  electors  who  rightfully  hold  the  same,  to  vote  at 
all  elections  held  after  the  date  of  said  registration,  and  before  the 
next  biennial  registration,  whether  such  elections  be  primary  or  gen- 
eral. (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  18.  Took  effect  May  29th,  1908. 
C.  L.  1909,  Sec.  3250.) 

Section  109.  Procedure  in  Case  Certificate  is  Lost. — Any  person 
who  loses  a  certificate  of  registration  may  be  entitled  to  vote:  Pro- 
vided, he  makes  an  affidavit  to  the  fact  that  he  has  lost  his  said  cer- 
tificate, and  is  unable  to  produce  the  same,  and  provided  fur- 
ther, that  said  inspector  of  elections  is  satisfied  that  such  person  is 
the  elector  mentioned  in  the  duplicate  in  his  hands,  and  should  such 
inspector  not  be  personally  acquainted  with  such  elector,  such  elector 
may  prove  his  identity  by  some  citizen  who  knows  that  he  is  entitled 
to  vote,  and  if  such  inspector  becomes  satisfied  from  such  evidence 
he  may  issue  to  such  elector  a  duplicate  of  said  certificate,  and  such 
elector  shall  be  permitted  to  vote  thereon  (L.  1907-08,  Ch.  31,  Art.  8, 
Sec.  20.  Took  effect  May  29th,  1808.  C.  L.  1909,  Sec.  3252.) 

Section  110.  Certificate  Returned  to  Elector  After  Voting. — All 
certificates  of  registration  shall  be  returned  to  the  elrctor  entitled  to 
the  same  when  presented  to  the  officer  of  elections  for  the  purpose  of 
voting.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  20.  Took  effective  May  29th, 
1908.  C.  L.  1909,  Sec.  3252.) 

Section  111.  Removing  to  Another  Precinct.— Should  any  elector, 
without  losing  his  right  to  vote,  change  his  residence,  by  moving  from 
one  precinct  to  another,  he  may  secure  a  transfer  of  his  certificate  of 
registration  by  appearing  at  the  office  of  the  inspector  of  elections 

—58— 


who  Issued  the  said  certificate  during  the  last  week  preceding  any 
election  in  which  he  desires  to  vote,  and,  upon  a  sworn  statement  as 
to  his  removal  from  said  precinct,  said  inspector  shall  endorse  upon 
the  back  of  such  certificate  a  statement  as  follows:  "Transferred  to 
"  (He  shall  write  in  the  blank  the  number  of  his  pre- 
cinct and  the  number  of  the  ward,  also  his  street  number  to  which 
the  elector  claims  to  have  moved)  and  such  endorsement  shaH  be 
made  by  said  inspector  with  the  dat  eof  such  signature.  (L.  1907-08, 
Ch.  31,  Art.  8,  Sec.  21.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
2353.) 

Section  112.  Record  Books  of  Registered  Voters. — The  state  elec- 
tion board  shall  provide  for  each  precinct,  books  of  sufficient  size  and 
properly  ruled  to  indicate,  in  addition  to  the  name  of  the  registered 
voter,  with  the  number  of  the  registration  certificate,  his  age,  his 
street  number,  his  postoffice  address,  his  politics  and  his  color.  And 
it  shall  be  the  duty  of  the  county  board  to  deliver  to  the  inspector  of 
elections  one  of  such  books  at  the  time  the  registration  certificates 
are  delivered.  When  the  registration  is  completed,  it  shall  be  the  duty 
of  the  inspector  of  elections  to  transcribe  into  the  said  book  or  cause 
to  be  transcribed  into  the  same,  the  name  of  all  electors  registered  in 
his  precinct,  and  the  same  shall  be  arranged  in  alphabetical  order 
and  the  blanks  after  such  names  shall  be  filed  by  said  inspector,  to 
conform  to  the  age,  the  street  number,  the  postoffice  address,  the  pol- 
itics, and  the  color  as  stated  in  the  duplicate  certificate  of  registration. 
Such  list  of  voters  shall,  in  addition  to  saiidi  duplicate  certificates,  be  de- 
livered at  the  opening  of  the  election  into  the  hands  of  the  precinct 
election  board,  and  unless  some  member  of  the  precinct  election  board 
requires  an  inspection  of  the  carbon  duplicate  of  the  certificate  of  a 
voter,  the  fact  that  his  name  is  recorded  upon  such  book  in  its  alpha- 
betical order,  and  that  it  conforms  to  the  original  certificate  presented 
to  the  elector,  shall  be  considered  sufficient  evidence  of  such  elector's 
right  to  vote.  (L.  1907-08,  Ch.  31,  Art.  7,  Sec.  22.  Took  effect  May 
29th,  1908.  C.  L.  1909,  Sec.  3254.) 

Section  113.  Inspector  to  Be  Sworn. — Before  entering  upon  his 
duties  as  registration  officer,  the  inspector  of  elections  must  have  sub. 
scribed  to  the  oath  required  of  him  under  the  provisions  of  the  elec- 
tion law.  (L.  1907-08,  Ch.  31,  Art.  8,  Sc.  23.  Took  effect  May  29th, 
1908.  C.  L.  1909,  Sec.  3255.) 

Section  114.  Fraud  of  Voter — Penalty.  Should  any  person  not  en- 
titled to  vote  under  the  law  seek  to  do  so  by  the  use  of  any  certificate 
of  registration,  or  should  any  person  procureor  aid  in  procuring  the 
wrongful  issuance  of  a  certificate  of  registration,  or  should  any  person 
have  in  his  possession  for  the  purpose  of  using,  or  having  another  to 
use,  such  wrongfully  issued  certificate,  or  to  which  he  is  not  entitled, 
he,  or  any  person  or  persons,  shall  be  deemed  guilty  of  a  felony,  and 
upon  conviction  shall  be  confined  in  the  penitentiary  for  not  less  than 


one  or  more  than  three  years.  (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  24.  Took 
effect  May  29th,  1908.  C.  L.  1909,  Sec.  3256.) 

Section  116.  Fraud  of  Inspectors — Penalty. — Should  the  inspector 
of  elections,  or  any  other  person,  add  to  the  registration  list  of  any 
precinct,  any  fictitious  names  or  record  improperly  any  names  there- 
on, or  destroy  the  record  of  registration,  or  any  part  of  same,  or  pe- 
mit  such  record  to  be  out  of  the  hands  of  the  inspector  shall  be  deemed 
guilty  of  a  felony,  and  upon  conviction,  shall  be  confined  in  the  peni- 
tentiary for  not  less  than  one  nor  more  than  three- years.  (L.  1907-08, 
Ch.  31,  Art.  8,  Sec.  25.  Took  effect  May  29th,  1908.  C.  L.  1909,  Sec. 
3257.)  ( 

Section  116.  Negligence  of  Inspector — Penalty. — Any  inspector  in 
cities  of  the  first  class  who  fails  to  correctly  copy  his  precinct  regis- 
tration list  and  have  such  copy  at  the  polls  on  election  day,  as  herein 
required,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion shall  be  fined  not  less  than  five  nor  more  than  twenty-five  dol- 
lars. (L.  1907-08,  Ch.  31,  Art.  8,  Sec.  26.  Took  effect  May  29th,  1908. 
C.  L.  1909,  Sec.  3258.) 

Section  117.  Special  Registration  for  New  Voters. — During  the 
last  week  of  the  month  of  October  preceding  the  general  election  to 
be  held  in  November,  as  provided  for  by  this  Act,  the  inspector  of  elec- 
tion shall  open  and  keep  open  the  registration  books  in  their  posses- 
sion in  the  same  manner  as  required  of  them  during  the  month  of 
July,  for  the  registration  of  the  electors  of  their  respective  precincts 
who  from  any  cause  shall  have  become  legal  voters  in  such  precinct 
since  and  subsequent  to  said  August  election,  or  who  will  be  entitled 
to  vote  at  said  general  election  in  November,  and  the  same  rules  and 
regulations  provided  for  the  registration  of  voters  preceding  said  Aug- 
ust primary,  shall  prevail  and  be  applied  to  such  special  registration. 
(L.  1907-08,  Ch.  31,  Art.  8,  Sec.  27.  Took  effect  May  29th,  1908.  C.  L. 
1909,  .Sec.  3259.) 


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